Legal aspects regarding product innovations in the food sector

Peer-reviewed | Manuscript received: May 19, 2017 | Revision accepted: August 04, 2017

Background and approach

Vegan burgers, bread with chia seeds, “Lyoner” sausages with cardiovascular benefits, locally sourced organic lemonades – the food and beverage industry invests approximately 300 million euros a year in the research and development of new foods. But of this amount, more than 60% is from large corporations which account for only approximately 10% of all companies [1]. While criteria like health and sustainability are gaining in significance for consumers [1], these are less important for the (European) food industry. The key driver of innovation here is ‘pleasure’, which is behind 56% of all innovations. Health aspects are accountable for only 20% of innovations [2].

Since primary commercial interests are not the only goal of product innovations, an increasing number of stakeholders are non-profit-oriented institutions like universities, technical colleges and other research facilities. Small and medium-sized enterprises, which often lack the financial or human resources to develop new and, for example, healthier or more sustainable foods, can benefit especially from this research. Furthermore, as cooperation partners they can contribute their valuable practical knowledge [3].

Abstract

Numerous legal bases need to be considered when developing products in the food sector, in terms of both German national law and European legislation. Additionally, various guidelines and guiding principles are used in practice to clarify legal issues. The aim of this overview is to summarize the most important legal bases applicable to food innovations, to outline their possible implications and to facilitate a methodological approach for developers. To begin with, relevant terms like ‘food’, ‘medicinal product’, ‘novel food’ etc. are defined and consideration is given to aspects of hygiene and food safety. This is followed by a focus on the opportunities and limits of food fortifications as well as the use of enzymes, aromas and additives, but also basic information on the potential to mislead through product labelling.

Keywords: food law, food industry, food startups, product innovation, product development, nutriCARD

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