Advisory Committee on Novel Foods and Processes

FRUITRIM - fat replacer

25 September 1998

Ms Joyce Bell
HAX Limited
306 Archway Road
London N6 5AY

Dear Ms Bell

FRUITRIM - fat replacer

As previously agreed, I am writing to advise you of the opinion of the UK novel foods competent authority with regard to the status of FRUITRIM. I apologise for the delay in this response.

From the information you originally provided it was not clear whether FRUITRIM would fall under the scope of the Novel Foods Regulation. This is because the intended use of the product as an ingredient to replace solid and liquid fats is novel in that a fruit juice/starch product is to be used to replace fat. In addition, the process used to manufacture this product (which involves the reduction of the water contents of the components) is patented and thus different in some way from conventional technologies.

Also, launching a product in April 1997 (i.e. a month prior to the implementation of the Novel Foods Regulation) would not be likely to constitute a history of use in the EU before 15 May 1997 (although it would be for the Commission to give the definitive opinion on this).

However, in several fax messages, you provided some additional information and emphasised that after extensive discussions with the manufacturer, you do not consider that FRUITRIM falls within the scope of the Novel Foods Regulation for a number of reasons:

(a) FRUITRIM is a simple mixture of two components, both of which are regarded as food ingredients in Europe and can be readily obtained from commercial sources. They are consumed throughout Europe and pose no danger to consumer health;

(b) Although the manufacturing process and ingredients of FRUITRIM are unique enough to warrant protection under US patent law, such protection does not make the product ‘novel’ for food regulation purposes; and

(c) The manufacturing process involves the reduction of the water contents of the ingredients to a minimum of 77% soluble solids, which is not itself a novel technology, and there is no reason to believe that this process would alter the chemical or nutritional properties of the ingredients.

Having carefully considered all the information provided I can confirm that, in the opinion of the UK competent authority, FRUITRIM would not be regarded as a novel food.

As discussed, this letter will be copied to the Commission in order that other Member States can be informed.

Finally, I would like to remind you that all foods are subject to the requirements of the Food Safety Act 1990.

Yours sincerely

Miss Tracy Boshier

Additives and Novel Foods Division, Branch 'C'
MAFF

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