powrót do Aktualności
On 27 January 2026, the European Ombudsman opened an inquiry into the European Commission regarding the authorisation of a novel food for placing on the market under Commission Implementing Regulation (EU) 2025/682.
IMPORTANT: All content, concepts and materials published by IGI FOOD LAW constitute the intellectual property of IGI FOOD LAW and are protected under copyright law. While inspiration is welcome, we kindly ask for ethical use of our materials and respect for IGI FOOD LAW’s intellectual property rights and know-how.
The case concerns an ingredient defined as “powder from partially defatted seeds of Brassica rapa L. and Brassica napus L.”, the specification of which has been amended, requiring an update to the Union list of authorised novel foods (via an amendment to Implementing Regulation (EU) 2017/2470). The key issue does not relate to the safety of the product as such, but rather to whether the European Commission correctly concluded that the scientific assessment from the original authorisation[2] remains sufficient in light of the change in use, or whether a new opinion from the European Food Safety Authority was required.
EFSA had previously assessed a specific form of this ingredient. The Commission subsequently accepted a modified version without referring the matter back to EFSA. The complainant argues that the changes introduced (including technological modifications) may affect the safety profile and should therefore have been subject to a new assessment.
In this context, the European Ombudsman has asked the Commission to clarify:
The inquiry does not assess the safety of the product itself. Its purpose is to determine whether the Commission adequately substantiated its decision and acted transparently.
The case illustrates a key regulatory risk in the novel food area: whether a modified product still falls within the scope of an existing EFSA assessment or requires a new procedure. If the Commission’s approach is challenged, this may lead to a more stringent assessment of technological and specification changes, and consequently to longer and more complex authorisation procedures for new products.
The case is ongoing. We will keep you informed of further developments in IGI FOOD LAW Updates and IGI FOOD LAW Alerts.
NOVEL FOOD – IGI FOOD LAW
[1] Commission Implementing Regulation (EU) 2025/682 of 8 April 2025 amending Implementing Regulation (EU) 2017/2470 as regards the specifications of the novel food “powder from partially defatted seeds of Brassica rapa L. and Brassica napus L.” (OJ L 2025/682).
[2] Commission Implementing Regulation (EU) 2021/120 of 2 February 2021 authorising the placing on the market of powder from partially defatted seeds of Brassica rapa L. and Brassica napus L. as a novel food pursuant to Regulation (EU) 2015/2283 and amending Implementing Regulation (EU) 2017/2470 (OJ L 37, 2021, p. 1).
