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Flavouring substance 4-methyl-2-phenylpent-2-enal

  • Food additives
  • Food safety

Summary

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.

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

Draft Annex

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

Draft Annex

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EU proposes to ban the flavouring 4-methyl-2-phenylpent-2-enal

Regulation

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

Draft Annex

What is changing and why?

The EU authorises certain flavouring substances to be used in foods in the European Union and, where necessary, puts restrictions on their use (Regulation 1334/2008, Annex I). The European Commission proposes to remove 4-methyl-2-phenylpent-2-enal from that list because the European Food Safety Authority has concluded that safety concerns regarding its genotoxicity cannot be ruled out.

The use of this substance was already restricted (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.

Actions

Countries that are members of the World Trade Organization 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.

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.

Disclaimer: Under no circumstances shall COLEAD be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of information available on this website or any link to external sites. The use of the website is at the user’s sole risk and responsibility. This information platform was created and maintained with the financial support of the European Union. Its contents do not, however, reflect the views of the European Union.