Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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DG Sante News, 28 November 2022
Report on the EU “Bamboo-zling” coordinated enforcement action on plastic food contact materials containing Bamboo
Today, the European Commission, together with the EU Agri-Food Fraud Network, published the results of a coordinated enforcement Action on plastic food contact materials (FCM) containing bamboo. The action aims to putting an end to the illegal import, trade and advertising of plastic articles sold as food contact materials, e.g. tableware, containing bamboo and other unauthorised plant-based additives. It was a shared effort of the EU AGRI Food Fraud Network and customs authorities (through DG TAXUD).
Most plant-based additives, including bamboo, have not been safety assessed for their use in plastics. Some therefore may present a health risk. The addition of bamboo to plastic FCM articles can lead to the accelerated degradation of the plastic and leaching of formaldehyde and melamine (substances used in the manufacture of the plastic) into food, sometimes above safe levels. There is no acute health risk from the food contact articles, but continued exposure to the elevated levels of formaldehyde and melamine has the potential to cause health issues. Moreover, this is false advertisement and misleading consumers into believing that they are buying environmentally-friendly items.
21 countries joined the coordinated action, which led to a significant increase in the identification of illegal and fraudulent products. The countries involved in the action were: Austria, Belgium, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, The Netherlands, Norway, Malta, Poland, Portugal, Slovenia and Spain.
During a year-long action, 748 cases – a case can be a border rejection, a control on the market by the competent authorities or a control on Ecommerce, leading to destruction, recall or taking off the market of the concerned product - of plastic food contact materials containing unauthorised bamboo powder were notified by the action participants. Of these 748 cases, 644 were products found on the EU market, while 104 were goods rejected at the EU border, with a majority of illegal products coming from China. Producers, importers and distributers were required by Member States’ authorities to immediately withdraw items from the market. Consumers who have already purchased products falsely marketed as being made of ‘bamboo’ – but are in fact plastics – are invited to return to the retail store or contact the platform, if bought online. If the retailer or the platform continue selling these items, consumers might consider informing their national food safety authority. For this coordinated action the European Commission services joined forces with the Competent Authorities for Food Security and Customs services in the Member States and a further partner was the European Anti-Fraud Office (OLAF).
See also the Commission web page: Bamboo-zling EU Enforcement Action on plastic Food Contact Materials (FCM) made of bamboo ‘powder’
