The use of nanomaterials in foods is one of the emerging areas for innovation that is addressed by EU Food Law. New applications of nanomaterials require pre-market authorisation under the Novel Foods Regulation (EU) 2015/2283 or, in the case of food additives, under Regulation (EC) 1333/2008. Under the labelling provisions (Regulation (EU) 1169/2011) the presence of engineered nanomaterials needs to be indicated in the labelling of foods. These regulations apply in all EU Member States. Recently, however, controversy has arisen, in particular in France, with a seemingly diverging application of these laws and a legal initiative to ban the use of a food additive (E171 – Titanium Dioxide) based on safety concerns because of the presence of nanoparticles. The paper describes the background and provides a legal analysis of the consistency of these developments with EU legal principles.
Keywords: EU Commission; France; Labelling; Novel foods; Food additives; Nanomaterials; Precautionary principle; Titanium dioxide.