In the European Union (EU), the European Food Safety Authority’s (EFSA) novel foods process remains largely the same. However, with the advent of Brexit, the UK – having initially retained EU law – has indicated a potential shift in the novel foods regime in a recent policy paper.
Notably, the report indicates that the UK wants to review “novel foods regulation to support innovation” to create a transparent and effective system for – mainly – the sustainable protein sector.
Whether this includes fully plant-based ingredients other than cultured meat remains unclear. However, one would think that making the EFSA’s application process less arduous would be a priority for all ingredients involved in the process.
Additionally, when asked about other regulatory considerations in the UK, Gafsen highlights that the new HFSS (high in fat, salt, or sugar) nutrient profiling guidelines, designed to prevent the promotion of products high in sugar, fat, and salt, were drafted before the increased interest in plant-based products. Consequently, this means they do not recognise the nutritional value of products such as seeds.
As such, some healthy plant-based products will remain expensive to consumers – which is somewhat contradictory to the nature of the proposed legislation in the first place. Regulators should consider this, taking into account different types of fat, sugar, and salt, recognising that some are far more harmful than others.
Meanwhile, in the EU, a prospective law restricting the use of dairy-like terminology and other marketing terms was scrapped in 2021, largely due to significant opposition from consumers and suppliers.
Under the proposed legislation, an abundance of potential names would have been prohibited, limiting the effectiveness of marketing strategies for plant-based products.
However, despite this small win, the proposed legislation follows a trend against plant-based companies and legislation restricting the use of marketing terms, going against the sustainability policies the EU has adopted, such as the Farm to Fork Strategy.
Feeding a growing global population with alternative proteins
For example, in 2017, the European Court of Justice in Case C‑422/16 against TofuTown, concerning Regulation No 1308/2013, cemented that terms such as “milk” and “yogurt” cannot be used on plant-based alternatives. Similarly, France recently announced a ban on the use of terms traditionally used to describe meat products, like “sausage” or “steak”, with the justification being to “avoid confusion”.
Interestingly, France is considered one of the largest producers of meat in the EU, indicating that policymakers are likely to face pressure from meat lobbyists worried about the decline of animal product sales, a trend seen across the globe.
Fortunately for French plant-based companies, by way of judicial intervention, the Conseil d’Etat – France’s highest administrative court – ordered a reprieve at the request of Protéines France, citing not enough time to make appropriate changes in the plant-based sector.
Outside the EU, Turkey has gone further and banned vegan dairy products that give the impression of cheese (Article 9/3 of the Turkish Food Codex Regulation), effectively banning the production of vegan cheese.
However, the decision has been challenged as unconstitutional by the Vegan Association of Turkey, which is claiming in a current lawsuit that the ruling violates freedom of choice and consumer rights.