Flavouring substance 4-methyl-2-phenylpent-2-enal
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EU proposes to ban the flavouring 4-methyl-2-phenylpent-2-enal
Draft Commission Regulation amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the removal of the flavouring substance 4-Methyl-2-phenylpent-2-enal (FL No 05.100) from the Union list
Update
The European Commission has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee that it intends to remove 4-methyl-2-phenylpent-2-enal from the list of substances that may be used in the EU to flavour foods (G/SPS/N/EU/793). Its removal is proposed due to safety concerns. Comments can be submitted to the EU SPS Enquiry Point until 3 November 2024.
What is changing?
The European Commission proposes to remove 4-methyl-2-phenylpent-2-enal (FL No. 05.100) from the list of flavouring substances that are authorised to be used in foods in the European Union (listed in Regulation 1334/2008, Annex I).
Why?
The European Food Safety Authority has reviewed the flavouring substance 4-methyl-2-phenylpent-2-enal and concluded that safety concerns regarding its genotoxicity cannot be ruled out (EFSA 2022). The use of the substance was already restricted under Regulation 2024/238 (see New restrictions on the use of certain flavouring substances). As no data was submitted to support continued use of the flavouring, it is now being prohibited.
Timeline
4-methyl-2-phenylpent-2-enal is expected to be removed from the EU list from 3 January 2025. Foods containing this substance exported before the Regulation applies may stay on the EU market until their use-by date.
Recommended Actions
Countries that are members of the WTO can submit comments or concerns about potential impacts, via the National SPS notification authority of the country concerned, to the EU SPS Enquiry Point until 3 November 2024.
Companies that export food products containing these flavourings can look for alternative EU-compliant substances in the Food Flavourings Database.
Background
Regulation 1334/2008 prohibits adding certain undesirable natural substances to food. It also lays down maximum levels for some substances that are naturally present in flavourings, but that may raise concerns for human health. The Regulation defines different types of flavourings, and lists the substances for which evaluation and approval is required.
The Union list of flavouring substances approved for use in and on foods (Regulation 872/2012) was adopted in 2012.
Commission Regulation (EU) 2024/238 introduced restrictions on the use of 2-phenyl-2-butenal, 5-methyl-2-phenyl-2-hexenal, and 4-methyl-2-phenyl-2-pentenal (see New restrictions on the use of certain flavouring substances).
When EFSA evaluates flavouring substances, it allocates them a unique identification number called an FL-number. FL comes from “FLAVIS”, the EU’s flavouring information system. The FL-number is not used for labelling purposes.
Resources
EFSA (2022) Scientific opinion on Flavouring group evaluation 216 revision 2 (FGE.216Rev2): consideration of the genotoxicity potential of α,β‐unsaturated 2‐phenyl‐2‐alkenals from subgroup 3.3 of FGE.19. EFSA Journal, 20(8): 7420.
Regulation 2024/238 as regards the introduction of restrictions on the use of certain flavouring substances
Regulation 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods
Regulation 872/2012 adopting the list of flavouring substances provided for by Regulation 2232/96
Sources
Draft Commission Regulation as regards the removal of the flavouring substance 4-Methyl-2-phenylpent-2-enal (FL No 05.100) from the Union list