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2-Choroethanol and the Precautionary Principle in Article 7 of the General Food Law

Andreas Meisterernst, Anna Neusch


The number of product recalls in the EU due to findings of 2-Chloroethanol (2CE) had reached as high as 10.000 by the summer of 2021 and, up to now, more than 900 Rapid Alert System for Food and Feed (RASFF) notifications have been made. 2CE has inconclusive data on genotoxic or carcinogenic properties. Therefore, the European Commission suggested that Member States choose a zero-tolerance approach. This meant that any product containing 2CE or products containing an ingredient known to be contaminated with 2CE – regardless of whether or not 2CE was still detectable there – should be withdrawn from the EU market and recalled from consumers. This decision was based on the precautionary principle contained in Art. 7 of the General Food Law (GFL), among others. The following article examines the zero-tolerance approach with regard to its legal justification.

Andreas Meisterernst is a founding partner of the Munich law firm Meisterernst Rechtsanwälte, Certified Lawyer in Administrative Law; Honorary Professor for Food Law at the Technical Univerity of Munich and Editor-in-chief of EFFL. Anna Neusch is an Associate at Meisterernst Rechtsanwälte and a state examined food chemist.

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