Considerations when following new food product development trends

The new year often begins with industry hype around the upcoming trends. Sometimes these trends are led by consumer dietary fads; sometimes by specific ingredients – whether they’re novel ingredients, or ones we know of already. While it is important to keep up with trends, this may cause the ‘regulatory grey’ to shine.

Dietary fads:

We’ve seen numerous fads come and go. Although it is often highly profitable to jump on the production bandwagon, one must consider the regulatory aspects before starting the product development process – including such considerations as: are the claims being made permitted according to the regulations, and is it ethical to encourage such a diet?

One fad that springs to mind has risen to prominence under many different names for what is essentially the same notion: whether you call it ‘Banting’, ‘Keto’, ‘Paleo’ or ‘Atkins’, the foundation is ‘low carb’. We know that the regulations do not include conditions for making a ‘low in carbohydrate’ claim, and therefore such a claim is not permitted; but people often ask: ‘But why not?’ The reason is that there is no consensus based on scientific evidence regarding what ‘low carb’ actually means – and little reliable proof of the benefit of the low-carb diet to human health in the long term. Going strictly by the ‘letter of the law’, no claim or reference to such a diet is currently permitted.

Novel ingredients:

In lieu of the lack of a local definition for ‘novel ingredient’, we revert to the definition of ‘foodstuffs’ as per the Foodstuffs Act (Act no 54 of 1972). If an ingredient does not fit this definition – for example, if it is not ordinarily consumed in South Africa – and/or it is associated with medicinal effects, it may be considered within the scope of the Medicines and Related Substances Act. See the article Foodstuffs vs. Medicines: how do we distinguish between them?

Including novel ingredients can also come with safety risks, such as: potential contaminants/toxins, unique properties such as binding to certain medicines (e.g. activated charcoal), and the presence of high levels of minerals that may cause toxicity (children are very often at risk in such cases).

Staying on top of the trends regarding diets and ingredients is vital to any food business; but understanding the potential risks and performing your due diligence before going too far down the rabbit hole can save you time and money. Contact our team to advise you right at the beginning of your NPD process.