'Fortress Europe' acts to keep out novel food and drink

New controls on the introduction of 'novel foods' into Europe have been described as creating a "fortress Europe" against free trade, keeping out foods that are already available elsewhere in the world, because they might pose a risk to consumers here.

While recognising the importance of the need to protect consumers, regulatory affairs consultant Neville Craddock said proposed new legislation from Europe could prevent some new products from being launched here.

"It does pose some questions as to whether the rule of proportionality and prior approval is applicable in all these areas," said Craddock. "With the drive towards better regulation and simplified procedures, do we not have sufficient controls in place? Why do we have to keep bringing in this plethora of detailed regulation?"

Craddock suggested that the demands and costs -- particularly on small and medium sized firms -- of getting approval for novel new foods is "disproportionate to any risks that consumers might face". He cited the hoops that noni juice had to go through to get approval. "That was something of a test case," he said.

It all began several years back when US company Morinda -- Tahitian Noni International (TNI) -- attempted to get approval for noni juice in Europe as a new drink. After protracted attempts, for which various health claims such as support for the immune system and digestion and 'increased mental clarity' are now made for its product, noni juice was finally granted approval a couple of years ago.

Since then around 12 or so other companies now also supply noni-based products, including Nottingham-based Healthwize, which sells an organic 99% noni juice product via the web.

Where the volume of business from future novel food products is limited, it is unlikely that the huge costs of approval could be justified, said Craddock.

Craddock claimed the review of the European novel foods regulations was "slipping" and that it was now unlikely that anything would appear before next year. "They are stuck on the impact assessment side," he reported.

Ultimately, balancing free trade and consumer protection would always be difficult, said Craddock. Following recent high profile contamination cases involving Sudan 1, Para Red and aflatoxins, he believed consumers had little trust in food manufacturers. He thought the differences between the public's perception of risk and industry's preference for systems of risk assessment and management were irreconcilable.

Craddock questioned the move to greater reliance on hazard analysis critical control point (HACCP) methodologies rather than testing, checking and validating ingredients. "I still don't think consumers are ready to believe that industry can control all eventualities," he said.