The European Court of Justice has rejected Kerry’s request to overturn an EU ban on three smoke flavouring products.
In a ruling issued in Luxembourg today, the General Court of the European Union dismissed an action brought by food ingredients giant Kerry Inc. and its British subsidiary Kerry Ingredients (UK) Ltd in its entirety.
The company had sought to annul a July 2024 decision by the European Commission that refused to renew authorisations for the smokey flavourings, which are made by condensing and purifying wood smoke.
The products had originally been approved for ten years in 2013, but when Kerry applied for a renewal in June 2022, the European Food Safety Authority (EFSA) raised toxicity concerns.
The EFSA found that estimated exposure levels for two substances exceeded the “applicable threshold of toxicological concern”.
Backing the European Commission, the court this morning ruled that “it is for the applicant requesting an authorisation or its renewal to demonstrate that the product concerned does not present a risk to human health”. Regulators are not required to prove a product is harmful before refusing a renewal.
Kerry had argued that banning the products would encourage a return to traditional smoking methods, which it considered more harmful, and claimed the Commission ignored economic and environmental impacts.
However, the court dismissed these arguments, noting that transitional periods already allow businesses to “find alternative solutions and to adjust their production processes and recipes”.
Kerry has been contacted for its reaction to the court’s decision.
The company now has two months to decide whether to lodge an appeal before the EU’s highest court.