Kerry firms lose smoke-flavour challenge
The EU’s lower court has dismissed a challenge by two subsidiaries of food-ingredients company Kerry Group to the European Commission’s refusal to renew authorisation for three smoke flavouring products.
The commission decision in July 2024 followed scientific opinions from the European Food Safety Authority (EFSA) that identified concerns about certain components of the products.
In a judgment today (11 November), the EU’s General Court rejected Kerry’s bid to annul the commission’s decisions.
Onus on applicants
The judges held that, under the applicable EU law, the applicant requesting an authorisation or its renewal had to show that the product concerned did not present a risk to human health.
“Neither EFSA nor the commission is required to demonstrate that the product is harmful in order to refuse the renewal,” the judges stated.
The court also rejected the companies’ criticisms of the scientific methods followed by the EFSA.
Traditional process
Kerry had also argued that the refusal to renew the authorisations would encourage a return to a traditional smoking process, which it considered more harmful to health.
The court, however, found that it had not been demonstrated that there would be an increase in a return to that technique.
“Even if there were so, that would not result in the commission being required to authorise products for which it has not been sufficiently demonstrated that they do not present a risk to health,” it added.
The judges also dismissed the Kerry companies’ arguments on the economic consequences of the EU body’s decision, finding that the transition periods allowed for by the commission allowed businesses to adjust their production processes.