What exactly constitutes a health claim on a food label? It’s a contentious topic that can be a source of problems and expenses for the unwitting producer. 

“We want to communicate accurately and effectively to consumers in a way that’s truthful and not misleading. There needs to be a body of evidence that supports health claims,” said Josephine Wee, PhD, an assistant professor of food science at Penn State (and member of TFA’s Science Advisors). “The bottom line: health claims are complicated.”

Wee unpacked what is and isn’t a health claim during the FERMENTATION 2021 conference. Similar topics into the regulation of fermented foods will be addressed at TFA’s August conference, FERMENTATION 2022.

Wee questioned: does the fermentation community require health claims on certain fermented foods? Today, terms like gut health, probiotics and improved immunity dominate the language of  fermented foods. But words and definitions matter, Wee stressed.

Defining Health Claims

When putting health claims on a food label, website or marketing material, information must be truthful and transparent. Remember:

 –         The FDA has approved only 12 health claims. In the U.S., food labels can legally only include  health claims that meet FDA requirements. There must be “significant scientific agreement among qualified experts that these claims are factual and truthful,” Wee said. FDA approval is based on the amount of publicly available, scientific evidence from reputable studies.

–         A health claim is not a nutrient claim. Food producers cannot link the effect of a nutrient or food to a disease or health condition (other than in the rare case that there is supporting scientific evidence). Nutrient claims are defined by the FDA to “describe the level of a nutrient in the product, using terms such as free, high, and low, or they compare the level of a nutrient in a food to that of another food, using terms such as more, reduced, and lite.”

–         A health benefit cannot be used interchangeably with a health claim. A health claim must pass a two-part test: first, contain the characterization of the type of food/food component and, second, state its relationship to a disease. For example: “A good source of calcium and vitamin D. Reduces risk of osteoporosis.”

“The reason for these standards is that it provides a high level of confidence to validate the substance and disease relationship,” Wee said.

What is Not a Health Claim?

Wee said producers must be careful not to mislead consumers with an inaccurate health claim. 

She shared the International Scientific Association for Probiotics and Prebiotics (ISAPP) consensus statement on fermented foods. In it, the authors write: “Although consumers have become increasingly interested in fermented foods, it is unfortunate that, in our opinion, much information available on fermented foods in popular press magazines, websites and social media is exaggerated or inaccurate.”

Here are four health-related claims that are not health claims. 

1.      Description of well-being from consumption of a food. These claims do not mention a disease or disease-related condition. For example, “Multivitamins contribute to general good health.”

2.      Structure-function claims. A structure-function claim describes the role of an ingredient in affecting or maintaining normal structure or function in humans. “There is this presence of this food and food ingredient, but it doesn’t really talk about disease,” Wee explained. For example, “Calcium builds strong bones.”

3.      Dietary guidance. A dietary label addresses the role of good health in general dietary patterns. For example, “Five servings of fruits and vegetables a day are recommended for good health.”

4.      Nutrient content claim. These characterize the level of nutrients in food. For example, “Good source of fiber.”

“These four health-related claims are sometimes mistaken for health claims,” Wee said, “but they’re actually not health claims by the definition of regulatory agencies such as the FDA.”

 Where Can Producers Get Into Trouble?

Securing FDA approval for a new health claim can be arduous. Under the Nutrition Labeling Education Act of 1990 (NLEA), a company can petition the FDA to consider a new health claim. But the process is typically lengthy (240-540 days) and costly.

Often, it is a competitor that challenges a producer’s health claim.In 2010, Dannon was ordered to pay $45 million in a class-action lawsuit brought against them by Activia yogurt. Dannon’s ads claimed their yogurt was clinically and scientifically proven to regulate digestion and boost immune systems, but were deemed to be false advertising. 

In the past few years, kombucha brands have been particularly vigilant in monitoring health claims in their industry. Tortilla Factory (parent of Kombucha Dog) sued Trader Joe’s, Better Booch, Makana Beverages and Rowdy Mermaid Kombucha for supposedly violating the law by exceeding the 0.5% abv threshold.

“I think as fermented foods become more mainstream…over time consumers will become more educated and understand what these labels mean,” Wee noted.

Should there be global standards for fermented foods? A new study argues “to preserve consumer confidence in fermented foods,” uniform regulations are needed.

Current guidelines “are not mature enough to adequately regulate the significant diversity of fermented foods that are increasingly available in the market,” reads the study, published in the peer-reviewed journal Frontiers in Nutrition. While fermented foods are experiencing a major resurgence in popularity, standards and regulations differ by country and – in some instances – region and state. Fermentation regulations are few and, in the case of some foods, nonexistent. 

Scientists at Teagasc, Ireland (the agriculture and food authority in Ireland) studied regulations in North America, South America, Asia, Africa, Europe and Australia/New Zealand. Their research – supported by the Institute for the Advancement of Food and Nutrition Sciences (IAFNS) – is thorough. They found legislative efforts to regulate or standardize fermented foods “have been largely reactive, rather than being proactive, in nature.”

A harmonized blueprint, the study continues, would include specifics for each fermented food, not just the category. Uniform standards would include:

  • Microbial and chemical composition 
  • Safety protocols
  • Standards on storage, transportation and distribution
  • Communication guidelines
  • Regulatory clarity
  • Government expert committee oversight

“Ultimately, addressing the challenges outlined here, would contribute to the ease of doing business, encourage consumer and investor confidence, leading to growth and innovation in this category, which in turn will catalyse overall economic progress,” the study reads.

There is also a need for a uniform regulatory framework because there is “…a visible  lack of consideration of insights gained from the large corpus of microbiome studies on FFs and their microbial composition in corresponding global Food Standards or Codes.”

There is currently a Codex Alimentarius or “Food Code” by the Codex Alimentarius Commission, part of the Food Standards Programme for the United Nations Food and Agriculture Organization (FAO) and the World Health Organization (WHO). But fermented foods are not extensively represented. Regional standards have also been established by FAO and WHO, but these are generally for traditional fermented foods and beverages consumed only in certain regions, not widely used elsewhere.

The study points to South Korea and India as examples. Both countries have consolidated standards and specifications on fermented foods into legislation.

The FDA has issued a response – or non-response – to concerns from the International Dairy Foods Association (IDFA). 

Last July, the FDA issued a federal, legal definition of yogurt. The new rule upset the IDFA. The association, which represents the nation’s dairy industry, said the FDA’s rule is so outdated and out-of-touch with yogurt makers that popular products could be removed from grocery store shelves. The IDFA objected to the FDA’s rule and submitted an appeal in July 2021 to modernize the yogurt standard of identity (SOI). In December, after not receiving a response, IDFA sent a letter to the FDA commissioner, reiterating the request.

FDA recently issued a “notice of stay” to the IDFA, effectively telling them to keep waiting for a final ruling.

“Yogurt makers have been waiting 40 years for the FDA to update and modernize the yogurt standard of identity,” said Michael Dykes, president and CEO of the IDFA. “Today, the FDA issued a notice telling us to keep waiting — and threw in a whole lot of uncertainty, to boot.”

Adds an IDFA press release: “While a stay is helpful at this stage, IDFA’s efforts to reform the yogurt SOI will continue into an inexplicable fifth decade.”

The FDA first issued a definition of yogurt in 1981. The IDFA has requested a modernized version for decades. 

“IDFA remains deeply disappointed in the FDA process that led to the yogurt SOI final rule,” Dykes continues. “After 40 years since FDA first issued standards for yogurt, IDFA and our yogurt members are back to where we started several decades ago, beseeching the FDA to work with yogurt makers to make commonsense updates to a category that has been waiting more than four decades for modernization. Without standards that have been modernized, manufacturers are unable to meet consumer demands for innovative and nutritious yogurt products. With many significant provisions stayed, IDFA will continue to work on the yogurt SOI with an aim to ensure FDA continues to move forward in responding appropriately to IDFA’s objections in a timely manner.”

Read more (IDFA)

Consumers want foods that aid gut health, but brands face a major challenge. How can they educate buyers about microbiome health benefits without getting into trouble with regulators?

“It’s no longer enough to just say ‘healthy,’” says Alon Chen, CEO and co-founder of Tastewise, an “AI platform for food brands.” “We are absolutely more critical of health claims in general. We want to know how, we want to know why and we want it backed by science.”

The term “healthy” is no longer resonating with consumers. Over 30% are looking for products with multifunctional benefits, according to research by Tastewise. They want more detail, on topics such as gut health, sleep improvement, brain function, anti-bloating and energy. 

“Food is no longer just about nutrition, nor is it about general health,” says Flora Southey, editor at Food Navigator. “Consumers want more from the food they consume – and they want to be specific about it.”

What are the challenges and opportunities for brands trying to deliver gut health? A panel of food and nutrition experts tackled the issue during a Food Navigator webinar: “From Fermentation to Fortification: How is Industry Supporting Gut Health and Immunity?” Here are highlights.

Regulation Woes

There are trillions of microbes in our gut, but science has only scratched the surface of their power. Gut health is an ambiguous – and often confusing – subject for consumers. 

Regulations on gut health claims are evolving. A year ago, the European Food Standard Authority asked food producers to help evaluate microbiome-based product claims.

“In order for us to assert ourselves in the industry, we have to be able to defend and support these claims,” says Anthony Finbow, CEO of Eagle Genomics, a software company incorporating microbiome research into their data analysis.

It’s “the dawn of a new age,” according to Finbow. Major food companies are now valued for delivering nutrition in addition to caloric content. “There is greater consumer understanding that food is a mechanism for better health.”

Southey feels brands need to do more for consumer education “I’m not convinced [the message is] getting to the consumer as well as it should be.”

Nutrition drink brand MOJU is attempting to tackle the regulatory stumbling block of health benefits on a label. Strict rules requiring detailed substantiation have resulted in few gut health claims“We’ve got a long way to go from an education point of view,” says Ross Austen, research and nutrition lead at MOJU. 

MOJU can’t use the term “gut health,” but they can say a drink contains vitamin C or D, which have been proven to boost the immune system. They can’t say their drink is anti-inflammatory, but they can say it contains turmeric, known for its anti-inflammatory properties.

Marketing -Biotics

More consumers want the presumed gut health benefits of probiotics, prebiotics and postbiotics to power their microbiome. Probiotics “have largely stolen the headlines over the past few years,” Austen says, but prebiotics are appearing in more and more products. MOJU puts prebiotic fiber in their drinks because probiotics are a challenge for packaged food products. Because probiotics contain live and active cultures, they must be refrigerated and their efficacy tested.

Ashok Dubey, Phd, senior scientist and lead for nutrition sciences at TATA Chemicals (a supplier of chemical ingredients to food and drink producers), agrees. Dubey feels that the benefits of probiotics have been diminished in the minds of consumers. He notes that when probiotics first began appearing in foods 20 years ago, they were claimed to be able to solve any and all health ailments. 

“There’s a greater understanding that our gut microbiota is so complex, if the food we eat is so complex, then the solution we should provide should be a combination of all of this,” he says. Dubey is seeing more patents combining probiotics and prebiotics, a complex solution that he says looks at whole health.

But, he notes, any claim with -biotics must be validated by scientific research.

Traditional Foods vs. Clinical Trials

Hannah Crum, president of Kombucha Brewers International (KBI), takes issue with the need to validate every health claim with scientific research. “We shouldn’t displace a huge body of traditional knowledge in favor of pharmaceuticals,” she says.

Making health claims around -biotics has been challenging for the kombucha industry. “It doesn’t honor what food does for us nutritionally,” she adds. Today’s food industry is so heavily regulated that foods traditionally consumed by humans for centuries – like kombucha – can’t put a health claim on a label without proving benefits in a human clincal trial.

“It’s frustrating,” Crum says. ““In fact, because there is no definition of the word probiotic from a legal perspective, it leaves our brands vulnerable to be attacked by parasitic lawyers who just want to extract value from large corporations because they can.”

“In my opinion, we need to honor the fact that all traditionally fermented foods are probiotic by nature instead of saying ‘Well you need the research to prove it,’” she says.

A win for kombucha brewers — after a confusing month for  those trying to sell their products in South Carolina, they can now sell kombucha as a non-alcoholic beverage in the state. 

South Carolina’s Department of Revenue (DOR) had categorized all kombuchas as alcoholic beverages. The state.’s regulations set a maximum alcohol content for beverages but no minimum, so any fermented beverage with any alcohol content would be considered alcoholic. Since kombucha fermentation produces a trace amount of alcohol, a brewer

 would need to apply for a state alcohol license, and kombucha could not be sold to anyone under the age of 21. 

S.C.’s law contradicts the U.S. legal definition of an alcoholic beverage, which is any product with 0.5% or more alcohol by volume (ABV). 

After kombucha industry leaders contacted the state’s DOR and the South Carolina Retail Association (SCRA) to share advice and resources, the  regulation was amended to exempt kombucha. Kombucha Brewers International’s leadership and legal counsel, along with producers Buchi Kombucha, GT’s Synergy Kombucha, Health Ade, Humm and Brew Dr., were involved.

“Every time we are called to support commercial producers to advocate on their behalf with government agencies, we validate the category,” said Zane Adams, chair of KBI’s board and co-CEO of Buchi Kombucha and FedUp Foods. “Our very existence means that kombucha is not a fad rather it is a necessary beverage segment that will only continue to grow. We appreciate every opportunity to interface with regulators to help them better understand our product and processes.”

“Crisis creates community,” adds Hannah Crum, KBI president. “Our mission is to advocate and protect kombucha and that’s exactly what we were able to do here thanks to the cooperation of several KBI member and non-member brands. We also appreciate that we were able to create new relationships with the SCRA and the S.C. DOR as we worked together to create a harmonious resolution.”

Most retail stores sell kombucha in the refrigerated juice section. In a press release, KBI shared three points for food regulators who may be unsure in what beverage category kombucha fits:

  • Kombucha is not beer. Tax codes that lump kombucha with malt beverages are incorrect.
  • Kombucha is an acetic acid ferment. Its fermentation process is similar to that for vinegar. Trace amounts of ethanol will be left in the final ferment, and they act as a natural preservative.
  • Hard kombucha is an exception to non-alcoholic kombucha. Hard kombucha is intentionally made with a higher alcohol content, with the purpose to be sold and consumed as an alcoholic beverage.

KBI is currently lobbying for legislation that would exempt kombucha from excise taxes intended for alcoholic beverages. The KOMBUCHA Act, currently in Congress, proposes to raise the ABV threshold for kombucha taxation  from its current level of 0.5% to 1.25%. KBI is encouraging the public to sign a petition in support of the act. 

While KBI notes it would be ideal to create a new beverage category, “the process is long and arduous and requires a lot of financing for education and lobbying.”

Nutrition professionals need to share the details when recommending fermented products to clients. What are the health benefits of the specific food or beverage ? Does the product contain probiotics? Live microbes?

“There are a vast array of fermented foods. This is important because it means there can be tasty, culturally appropriate options for everyone,” says Hannah Holscher, PhD and registered dietitian (RD). But, she adds, remember that these are complex products.

Holscher spoke at a webinar produced by the International Scientific Association for Probiotics and Prebiotics (ISAPP) and Today’s Dietitian. Joined by Jennifer Burton, RD and licensed dietitian/nutritionist (LDN), the two addressed the topic Fermented Foods and Health — Does Today’s Science Support Yesterday’s Tradition? Hosted by Mary Ellen Sanders, executive director of ISAPP, the presentation touched on the foundational elements of fermented foods, their differences from probiotics, the role of microbes in fermentation, current scientific evidence supporting health claims and how to help clients incorporate fermented foods in their diets. 

Sanders called fermented foods “one of today’s hottest food categories.” Today’s Dietitian surveys show they are a top interest to dietitians, as the general public often turns to them with questions about fermented foods and digestive health. 

Here are three factors highlighted in the webinar that dietitians should consider before recommending fermented foods and beverages.

Does It Contain Live Microbes?

Fermentation is a metabolic process – microorganisms convert food components into other substances. 

In the past decade, scientists have applied genomic sequencing to the microbial communities in fermented foods. They’ve found there’s not just one microbe involved in fermentation, Holscher explained,  there may be many. The most common microbes in fermented foods are streptococcus, lactobacillaceae, lactococcus and saccharomyces.

But deciphering which fermented food or beverages contains live microbes can be difficult.

Live microorganisms are present in foods like yogurt, miso, fermented vegetables and many kombuchas. But they are absent in foods that were fermented then heat-treated through baking and pasteurization (like bread, soy sauce, most vinegars and some kombucha). They’re also absent in fermented products that are filtered (most wine and beers) or roasted (coffee and cacao). And there are foods that are mistakenly considered fermented but are not, like chemically-leavened bread, vegetables pickled in vinegar and non-fermented cured meats and fish.

“The main take-home message is that it’s not always easy to tell if a food is a fermented food or not. So you may need to do more digging, either by reading the label more carefully or potentially contacting the food manufacturer,” Holscher said. “When we just think of if live microbes are present or not, a good rule of thumb is if that food is on the shelf at your grocery store, it’s very likely that it does not contain live microbes.”

Does It Contain Probiotics?

The dietitians stressed: probiotics are not the same as fermented foods.

“Probiotics are researched as to the strains and the dosages to be able to connect consumption of a probiotic to a health outcome,” Holscher said. “These strains are taxonomically defined, they’ve been sequenced, we know what these microorganisms can do. They also have to be provided in doses of adequate amounts of the live microbes so foods and supplements are sources of probiotics.”

Though fermented foods can be a source of probiotics, Holscher notes: “In most fermented foods, we don’t know the strain level designation.”

“For most of the microbes in fermented foods, we’ve just really been doing the genomic sequencing of those over the last 10 years and so we may only know them to the genus level right,” she said. For example, we know lactic acid bacteria are present in kimchi and sauerkraut.

Holscher suggests, if a client has a specific health need, a probiotic strain should be recommended based on its evidence-based benefits. For example, the probiotic strain saccharomyces boulardii is known to help prevent travel-related diarrhea, and so would be good for a patient to take before a trip.

“If you’re looking to support health and just in general, fermented foods are a great way to go,” Holscher says.

The speakers recommended looking for probiotic foods in the Functional Food Section of the U.S. Probiotic Guide.

Does Research Support Health Claims?

Fermentation contributes to the functional and nutritional characteristics of foods and beverages. Fermented foods can: inhibit pathogens and food spoilage microbes, improve digestibility, increase vitamins and bioactives in food, remove or reduce toxic substances or anti-nutrients in food and have health benefits.

But research into fermented foods has been minimal, mostly limited to fermented dairy. Dietitians should be careful making strong recommendations based on health claims unless those claims are supported by research. And food labels should always be scrutinized.

“There’s a lot of voices out there that are trying to answer this question [Are fermented foods good for us?],” says Burton. “Many food manufacturers have published health claims on their labels talking about these benefits and, while those claims are regulated, they’re not always enforced. Just because it has a food health claim on it, that claim may not be evidence-based. There’s a lot of anecdotal accounts of benefits coming from eating fermented foods and the research is suggesting some exciting potential mechanisms. But overall we know as dietitians we have an ethical responsibility to practice on the basis of sound evidence and to not make strong recommendations if those are not yet supported by research.”

Reputable health claims are documented in randomized control trials. But only “possible benefits” can be linked to nonrandomized controlled trials. And non-controlled trials are  the least conclusive studies of all.

For example, Burton puts miso in the “possible benefits” category because, with its high sodium content, there’s not enough research indicating it’s safe for patients with heart disease. Similarly, she does not recommend kombucha because of its extremely limited clinical research and evidence. 

“We have to use caution in making these recommendations,” Burton says.

This is why Burton advises dietitians to be as specific as possible. Don’t just tell patients “eat fermented foods” — list the type of fermented food and its brand name. She also says to give patients the “why” — what is the benefit of this fermented food? Does it increase fiber or boost bioavailability of nutrients? 

“Are fermented foods good for us? It’s safe to say yes,” Burton says. “There’s a lot that we don’t know, but the body of evidence suggests that fermentation can improve the beneficial properties of a food.”

Hard kombucha is one of the fastest growing alcohol categories. Could it become the next cider, craft beer or even hard seltzer?

“That’s the big question, isn’t it. It’s up to us to do it,” says Joshua Rood, CEO and managing director of Dr Hops hard kombucha. “If we could make it so good that beer people get excited about it and wine people get excited about it, well now there’s potential for something really, really big. That’s how craft beer did it — they focused so much on quality that they just blew regular beer out of the water on quality and everyone went for it because it was just so much better. We’re committed to what’s possible.”

Declared the “drink of summer” in both 2020 and 2021, hard kombucha continues to grow this year. While still only a small segment (~$58 million)  of the overall  alcoholic beverage market, hard kombucha’s dollar sales growth  is big at 60%. And this performance is at a time when sales are declining for both cider and hard seltzer.

“Seltzer is really homogenous, there’s no differentiation for the most part, whereas kombucha, every brand is very different,” says Joe Carmichael, co-founder of Local Roots Kombucha. “A lot more than craft beer, there’s a lot you can do with it.”

The two spoke on a hard kombucha panel at KombuchaKon, joined byJames Conery, manager of innovation at Sierra Nevada Brewing Co., and Steve Dickman, owner and brewmaster of Rocky Mountain Cultures and High Country Kombucha. The brewers agreed: hard kombucha can become as great as the craft beer category.

“For us, fermentation is part of the process,” Rood says.”There are live lactobacillus cultures still alive up to 11% ABV [Dr Hops ABV]. We chose that [alcohol level] because, for us, it was an expression of craft. It was a great style.”

The acidity of kombucha masks the taste of alcohol, making hard kombucha a smoother, tangier drink. While beer is made from grain, hard kombucha is made from tea leaves. This gives it its “better-for-you” profile, drawing on the antioxidants, vitamins and minerals in  tea.

Kombucha brewers hoping to add a hard kombucha line need to realize that it is a “totally different business than non-alcoholic,” Rood says. The regulations are strict.

“If you’ve never done an alcohol booch and you’re going to get into it, some of the things we’re going to touch on, like probiotics or health claims, the TTB (Alcohol and Tobacco Tax and Trade Bureau) has very big issues with health claims,” says Steve. “You cannot make health claims with alcohol. …There are a lot of regulations that come with it, a lot of ingredients you can’t use.”

Adds Conery, who runs the Strainge Beast brand for Sierra Nevada: “If you’re thinking about doing hard kombucha, you really need to research all the regulations before you start to do anything, before you even make it, so you know what you need to do.”

Even brewing hard kombucha is not without its challenges, too. Similar to beer, it requires the monitoring of key parameters — acidity, temperature, yeast strain, nutrients, time. But yeast is a delicate organism that can be difficult to manage,  but which can alter the flavors of a brew.

Creating their first non-beer line came with growing pains for Sierra Nevada, one of the largest brewers in the U.S. Strainge Beast’s launch in 2020 required the company to make a substantial investment in its Chico, Calif., brewery, to seal off and isolate its beer operations from the hard kombucha line.

“As a brewer, I’ve spent my entire life making sure what kombucha is does not get into my brewery, because everything in kombucha is what you’d consider a beer spoilage organism,” Conery said. “We have to be very good about keeping what we’re doing with our kombucha segregated. As you scale up — especially with alcohol — there are a lot of things that can go wrong.”

Working with yeast is always a growing experience, “I’m still in the trial and error process,” Conery said. It took Sierra Nevada “quite a long time to find the correct yeast strain when we were fermenting to make our alcohol.” Yeast can create unique flavors — or funky, bad-tasting brews. A brewery will spend months exploring what yeast they want to use. 

“It is the most interesting and horrible part of the production side, which is how to get the flavors you want, effectively,” Rood said. “When you’re dealing with a very acidic environment, that’s one of the biggest challenges and you want that acidity, which is part of the challenge. But you want your yeast to do a good, clean, healthy job of fermenting the alcohol.”

While both Sierra Nevada and Dr Hops approached hard kombucha with backgrounds in craft beer, Dickman at High Country Kombucha came from the kombucha world.When making hard kombucha, he brews the kombucha flavor he wants, then creates a neutral seltzer-like base. He blends the two together for the ABV value he desires, and says he likes this method as a way to experiment with acidity profiles.

“Kombucha was always a cool beverage, but now it’s bringing the party,” Dickman said.

Kombucha can no longer be legally sold as non-alcoholic in the state of South Carolina. A new rule change in state code set a maximum alcohol content for beers and other fermented beverages, but did not set a minimum alcohol level. Any fermented beverage with an alcohol content above 0.0% — any trace of alcohol — is now considered alcoholic by default. 

Last month, TFA wrote about a decades-old South Carolina law that threatened kombucha and non-alcoholic beverage producers selling their fermented drinks in the state. Kombucha, which typically contains less than 0.5% alcohol [the legal definition of an alcoholic beverage in the U.S.], has always been deemed non-alcoholic, sold on grocery store shelves next to refrigerated juices. 

Now, any brand selling a fermented beverage in the state must apply for an alcohol license, and their drink cannot be sold to anyone under the age of 21. 

“Effective immediately, all of these producers and retailers will have to cease business until they receive the proper licensing, which will take several months to get if they’re located in South Carolina and the money to get their facilities up to code,” said Brook Bristow, an attorney specializing in beverage law, in a statement about the rule change. “So, until then, no sales, i.e., no money.”

Adds Gabriel Coggins, owner of the S.C.-based Kava Konnection:“Of all the things lawmakers could focus on to restrict and take away from the public, kombucha was the last thing I expected. It’s a healthy product, and the only logical reason I can see beyond some strange maliciousness toward it is that they just didn’t understand what they were doing.”

Read more (Greenville Journal)

Are Alt Proteins GMO?

America is full speed ahead in the regulation of precision-fermentation-derived food, but Europe has yet to approve its first company. Why the difference?

Alternative protein regulatory expert Hannah Lester (from Amgen Regulatory Consulting) says the precision fermentation landscape is hugely unbalanced between the two regions. The U.S. Food and Drug Administration (FDA) has approved various fermentation-derived products through the “generally regarded as safe” (GRAS) distinction. 

The European Food Safety Authority (EFSA), though, says proteins made using precision fermentation aren’t pure. The EU labels them as genetically modified organisms (GMOs).Alt protein companies disagree with this description.

For example, one of the largest precision-fermented products, Impossible Burger, was required to submit a GMO dossier to the EFSA. Lester says labeling these products as GMO has become “highly political” and is full of gray areas.. She adds that both areas will face pushback on how precision fermentation products are named.

“There is going to be opposition about what we call these products,” Lester says. “There may be a battle ahead with the traditional farming stakeholders and more conservative member states who have their own agenda and want us to call these proteins derived by precision fermentation [something else].”

Read more (Food Navigator)

Regulating Home Chefs

The loosely-regulated cottage food industry is growing, as home chefs find it easier than ever to sell handmade meals via online services like WoodSpoon and Shef. These companies are part of the gig economy and trust that chefs will apply for the proper state and local permits to sell food made in a home kitchen. But these apps do not police regulatory compliance, noting only 20-30% of their chefs are licensed. 

“In recent months, states have loosened restrictions to make it easier for home cooks to sell products online, but the result is a patchwork of state and local rules, regulations and permit requirements,” reads an article in The New York Times. “Some states allow home cooks to sell only baked goods like bread, cookies or jellies. Others put caps on the amount of money home cooks can make. And other states require the use of licensed facilities, such as commercial kitchens.”

Adds Oren Saar, founder and the chief executive of WoodSpoon: “We are ahead of the regulators, but as long as I keep my customers safe and everything is healthy, there are no issues. We believe our home kitchens are safer than any restaurants.”

As the pandemic ebbs and Americans feel cooking burnout, companies are investing tens of billions into the changing food industry. Alt protein, fast food, food delivery, functional snacks and alt food are all facets of a food industry growing and changing post-pandemic. The New York Times says they’re all making “bets on what, where and how consumers will eat in the coming years.”

Read more (The New York Times)