EU Court overturns ban on use of natural botanical extracts in food
European Union
Nov 18, 2024
The EU General Court has (13 November 2024) annulled significant parts of Regulation (EC) No 2021/468 adopted by the Commission under Regulation (EC) No 1925/2006 on the addition to foods of substances and ingredients containing them. Its objective was to regulate botanical species containing hydroxyanthracene derivatives (“HADs”). HADs occur naturally in multiple botanical species, such as aloe and rhubarb.
The ban, prompted by a 2017 European Food Safety Authority (EFSA) scientific assessment, was challenged due to the European Commission's overreach in banning preparations rather than individual substances. Law firm Covington & Burling successfully defended the case based on the lack of evidence of consumer risk from EFSA's assessment and that the Commission overstepped its regulatory functions. The decision overturns the initial ban and challenges the Commission's approach to risk management and EFSA's approach to hazard versus risk assessment.
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