Smoke flavouring used in ham, rashers and crisps to be phased out as challenge fails

Many food producers had been looking to Kerry Group to save their proverbial bacon, but the ingredients giant has lost its challenge against an EU move to phase out smoke flavourings.

The legal challenge was brought by the Tralee-based group following a Brussels decision to phase out smoke flavourings added to ham, rashers and crisps.

Kerry Group and food producers have had to stop relying on certain flavourings they previously added to snacks, such as smoky bacon crisps, in most cases using alternative ingredients to give a similar flavour.

The changes came about after European Union officials decided against renewing authorisation for the smoke flavourings two years ago, citing health concerns.

Use of the old smoke flavourings for meats, fish and cheese must be phased out by the middle of 2029.

Food producers are privately concerned it will be trickier to find suitable substitutes to add to these products that give the same smoky flavour.

The industry view is that returning to traditional methods of smoking meats and other food will be unrealistic for businesses.

Kerry Group, a big player in the smoke flavouring market, previously warned the Government that up to 40 per cent of the ham and bacon sold in Ireland relied on the smoke flavourings.

The European Commission, the powerful Brussels-based executive body that proposes and enforces EU law, decided against renewing the authorisation for several types of smoke flavourings in 2024. The change was backed by EU states in a vote.

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A review by food safety officials had concluded toxicity concerns about the flavourings were “either confirmed or can’t be ruled out”.

The process involves purifying smoke and removing harmful components such as tar and ash, before the flavouring is added to food.

Kerry Group and other companies have argued this is much healthier than traditional methods of smoking food, which are not banned.

The Irish group took a case to the Court of Justice of the European Union, seeking to challenge the decision to phase out the smoke flavourings. In a ruling on Wednesday, the EU’s general court dismissed the challenge.

The Tralee-based company had argued that ending authorisation for the smoky flavourings would encourage a return to traditional methods of smoking food, which posed greater health risks.

Kerry Group had criticised the methods used by the European Food Safety Authority to conduct its scientific review of the flavourings and any health risks.

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Legal submissions from the Irish company said Brussels had not taken proper account of the “economic and environmental consequences” of its decision.

In its judgment, the EU court said Kerry Group had not demonstrated that there would be a return to old smoking techniques. It was up to an applicant seeking EU authorisation for a product to show it did not pose a risk to human health, the court said.

A transition period allowing for the flavourings to be phased out over a number of years gave food producers time “to find alternative solutions and to adjust their production processes and recipes”, the court said.

In a statement, Kerry Group said it was “disappointed” at the EU court’s decision. “The safe use of smoke flavourings is supported by extensive scientific data,” it said.

“We remain concerned about the scientific and practical implications of how smoke flavourings have been assessed in this case, and will consider these concerns as part of our review of the judgment.”

It is understood the company is considering an appeal.