EU Bans Whitening Meals additive E171 as of January 1, 2022


Takeaways

  • Meals merchandise containing E171 will now not be allowed to be imported into Europe from January 2022.
  • From June 2022, the sale of merchandise containing E171 might be prohibited in Europe.

Beginning January 1, 2022, the usage of E171 titanium dioxide as a meals additive might be banned in Europe. The European Fee’s proposal to ban E171 in meals merchandise all through the European Union was authorised a number of weeks in the past by European representatives.[1] The textual content will enter into drive firstly of 2022, except the Council or the European Parliament objects. A transition interval of six months will result in a complete ban on its use in meals merchandise as of June 2022. The Fee has posted questions and solutions (Q&A) concerning its proposal.

This additive is utilized in a wide range of meals merchandise, together with chewing gum, confectionery, pastries, soups and prepared meals, attributable to its potential to opacify and colour a product.

In 2021, the European Meals Security Authority (EFSA) considers that the usage of titanium dioxide as a meals additive can now not be thought of protected, particularly as a result of genotoxic results can’t be excluded. Due to the impossibility to ascertain a restricted dose that may be thought of protected, EFSA has decided that the usage of titanium dioxide in meals shall now not be thought of protected.

In gentle of this opinion, EU Member States and the Fee have determined to ban the E171 additive in meals merchandise. Because the import ban begins in January 2022, The EU Fee has carried out a phase-out interval of six months after which the gross sales ban on E171 in meals merchandise will apply.

The draft Fee Regulation proposes to amend two current texts:

  • The Fee Regulation amending the Annex to Regulation (EU) No 231/2012 laying down specs for meals components. This regulation units specs for meals components, together with colours and sweeteners, listed in Annexes II and III of Regulation (EC) No 1333/2008.
  • The Regulation (EC) No 1333/2008 which lists in its annexes the permitted meals components within the EU:
    • Annex II – Group listing of meals components permitted in meals merchandise and circumstances of use.
    • Annex III – Group listing of meals components permitted in meals components, meals enzymes and meals flavorings, and their circumstances of use.

The modification of these authorities formally provoke a ban on E171 meals additive in Europe. If adopted, the proposed regulation would have vital impact on the exercise of worldwide actors within the meals trade working in Europe.  On account of the proposal to take away titanium dioxide from the listing of approved meals components, corporations within the meals trade might be prohibited from importing merchandise containing E171 in Europe, but in addition from producing merchandise containing E171 within the EU or promoting these within the EU.

The usage of E171 titanium dioxide is way from being restricted to meals merchandise as it is usually a central ingredient of a lot of medicines and beauty merchandise. Nonetheless, in the intervening time, the pharmaceutical and cosmetics industries, won’t be affected by the ban.

In line with the Fee, the chance of an entire ban (i.e. not solely restricted to the meals trade) might be reassessed in three years’ time, which can immediate corporations of the pharmaceutical trade to work on changing E171. As issues stand, the European Medicines Company tends to reject this ban within the manufacture of medicines because it might result in a scarcity of medicines. Nonetheless, corporations of the meals trade should fastidiously monitor the composition of all imported merchandise to make sure compliance with EU guidelines.

Tags: E171, import ban, meals, meals additive, import, EU, European Union, titanium dioxide, Commerce Legislation, Commerce Lawyer

*Nour Bey is an intern at Sheppard Mullin.

FOOTNOTES

[1] See European Fee’s press launch issued on October 8, 2021 and accessible at https://ec.europa.eu/fee/presscorner/element/en/MEX_21_5165 (Final Accessed: December 20, 2021).

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