Food Law News - UK - 2009


FSA News Item, 21 August 2009

NOVEL FOODS - Company found guilty of novel food breaches

The FSA reported yesterday that, on 5 August 2009 at Abertillery Magistrates Court in Wales, Asphalia Food Products Ltd was found guilty with respect to two separate charges of placing a novel food onto the European market in breach of the Novel Food and Novel Food Ingredients Regulations 1997. The FSA has learnt today that the company has taken steps to withdraw the affected food supplements.

The prosecution was brought by Torfaen County Borough Council. The food supplements that were the subject of the charges are sold in the UK under the brand name Asphalia and contain the novel food ingredient Festuca arundinacea, which is a type of meadow grass. The supplements have been placed on the market by Asphalia Food Products Ltd without first seeking authorisation for the novel food ingredient.

What is a novel food or novel food ingredient?A novel food is a food or food ingredient that does not have a significant history of consumption within the European Union before 15 May 1997, and a premarket safety evaluation is required for such food or ingredients before they can be marketed legally in the EU.

More information about novel foods and novel food ingredients, and their assessment, can be found at the link below.

About Asphalia

From the information available about this product, the Food Standards Agency has not identified any possible harmful affects on health.

There are four different varieties of Asphalia on the market:

The Agency believes that the supplements have been on sale in the UK since 2007. They are sold in containers holding either 60 or 30 capsules.

The supplements are currently on sale in more than 400 health food shops across the UK. A complete distribution list is available on the company's website at the link below.

The supplements can also be bought from many online health food retailers based in the UK. The Agency is also aware that the supplements are on sale outside the European Community under the brand name Asphalia Don’t Disturb Me.

The manufacturer has indicated that Asphalia supplements produced since January 2009 do not contain Festuca arundinacea. Following the court case, the company has taken steps to withdraw Asphalia supplements containing Festuca arundinacea from their distributors. The number of Asphalia supplements containing Festuca arundinacea presently on sale is, however, unknown.

For more information, read the two FSA letters to trading standards services at UK local authorities - see below.


FSA Local Authority Letter (ENF/E/09/036), 20 August 2009

UNAUTHORISED NOVEL FOOD INGREDIENT FESTUCA ARUNDINACEA IN CERTAIN SUPPLEMENTS SUPPLIED BY ASPHALIA FOOD PRODUCTS LTD

On 5 August 2009 at Abertillery Magistrates Court, ASPHALIA FOOD PRODUCTS LTD was found guilty with respect to two separate charges of placing a novel food onto the European market in breach of the Novel Food and Novel Food Ingredients Regulations 1997. The food supplements that were the subject of the charges are sold under the brand name ASPHALIA and contain the novel food ingredient FESTUCA ARUNDINACEA, which is a species of meadow grass. The supplements have been placed on the market by Asphalia Food Products Ltd without first seeking authorisation for the novel food ingredient.

There are four different varieties of Asphalia on the market, namely:

We believe that the supplements have been on sale in the UK since 2007. They are sold in containers containing either 60 or 30 capsules. Weight marking may or may not be included on the packaging depending on the age of the supplements.

The supplements are currently on sale in over 400 health food shops across the UK. A complete distribution list is available on the company's website, http://www.asphalia.co.uk/

The supplements can also be purchased from many online health food retailers based in the UK. We are also aware that the supplements are on sale outside the EC under the brand name Asphalia Don’t Disturb Me. The quantity of Asphalia supplements already on the market is unknown.

In August 2008 Torfaen Trading Standards contacted the manufacturer to urge a product recall of those items of Asphalia that contained Festuca arundinacea. The company refused to conduct a recall at that time. We are not confident that the company will now conduct a recall, notwithstanding the convictions.

In early 2009, the manufacturer changed the formulation of the supplements and removed the Festuca arundinacea ingredient. As such the ‘newer’ versions of the Asphalia will contain wheat and barley grasses that are legal. The supplements, however, are still labelled as Festuca and will, therefore, be in breach of the Food Labelling Regulations 1996. Some of the older labels will also be in breach of the Food Labelling Regulations 1996 and the Food Supplements (Wales) Regulations 2003 (and corresponding legislation in Scotland, England and Northern Ireland) as they do not contain ingredients lists, instructions for use, a use of the term ‘food supplement’ as the name under which the supplements are sold, an indication of recommended daily consumption and a warning not to exceed the recommended daily dose, among other omissions.

All of these supplements are in breach of one or more of the Regulations mentioned above and, accordingly, it is an offence to place the supplements on the market.

From the information available to us about this product, we have not identified any possible harmful affects on health.


FSA Local Authority Letter (ENF/E/09/036 – Update), 21 August 2009

UNAUTHORISED NOVEL FOOD INGREDIENT FESTUCA ARUNDINACEA IN CERTAIN SUPPLEMENTS SUPPLIED BY ASPHALIA FOOD PRODUCTS LTD

Following the letter circulated yesterday regarding Asphalia food supplements, The Food Standards Agency were contacted by Asphalia Food Products Ltd. The company has provided evidence that they have contacted their suppliers and asked for the return of supplements containing the unauthorised novel food ingredient Festuca arundinacea.

Products remaining on the market should be those produced from the end of January 2009 without Festuca arundinacea. If you identify any retail outlet still selling Asphalia supplements containing Festuca arundinacea the Food Business Operator should remove from sale and return to the manufacturer.


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