The Food Standards Agency (FSA) has issued a new consultation opinion under Article 4 of the Novel Food Regulation, in which it determined that the non-selective aqueous decoctions of monk fruit (Siraitia grosvenorii) are not novel.[1] This decision follows the judgement by the Court of Justice in London on 19 March.[2]
Monk fruit is a small, round, and sweet fruit from the melon family, native to China. It is mentioned in records of Chinese monks as far back as the 13th. Monk fruit decoctions can be made from fresh or dried monk fruit and are consumed as hot and cold teas and infusions, and as an ingredient in foodstuffs e.g. soups, stews, baked goods, desserts, and breakfast cereals. Extracts high in Mogroside can be 250 times sweeter than sugar.
Guilin GFS Monk Fruit Corporation (Monk Fruit Corp.) is a world-leading producer and manufacturer of monk fruit products, including monk fruit decoctions. The company wished to market its products in Great Britain. It was not clear at that time however whether the products would be considered “novel food” or not, as no-one had comprehensively examined monk fruit’s history of consumption in Great Britain at that point.
The concerned ingredient is a non-selective aqueous decoction of monk fruit, made from the fresh and dried fruit of the Siraitia grosvenorii plant.
FSA considered that there is sufficient evidence of a history of consumption in the UK and the EU to demonstrate a significant history of consumption. Based on the evidence provided, FSA has concluded that non-selective aqueous decoctions of monk fruit (made from the fresh and dried fruits of the Siraitia grosvenorii plant) are therefore not novel in food. This decision will apply in England and Wales. Food Standards Scotland (FSS) will publish its own determination applicable in Scotland.
This decision follows the judgment handed down by the Court of Justice of London on 19 March 2023 against the competent authority in England, Wales and Northern Ireland (FSA) and the FSS (competent authority in Scotland). On 8 September 2022, FSA and FSS had declared monk fruit decoctions to be Novel Food, in the context of a consultation request submitted by Guilin GFS Monk Fruit Corporation, under Article 4 of Regulation (EU) 2015/2283 on Novel Foods.
Guilin GFS Monk Fruit Corporation brought an application for judicial review of the decision because the company considered that it had submitted sufficient evidence of a history of consumption. The Court of Justice in London ruled in favor of the applicant. The judgment published on 19 March 2024 annulled the FSA and FSS decision of 8 September 2022 and ordered the agencies to reconsider the consultation request in the light of the judgment. The London Magistrates’ Court judgment details the evidence provided by Guilin GFS Monk Fruit Corporation.
In Europe, fresh monk fruit and monk fruit decoctions have been considered unauthorized novel foods, based on the consultation notice published by the Food Safety Authority of Ireland (FSAI) in July 2022.
With sufficient evidence of history of consumption in both UK and EU, the novel food catalogue could be updated in the near future.
[1] https://www.food.gov.uk/other/non-selective-aqueous-decoctions-of-monk-fruit-determination-of-the-status-of-a-novel-food-pursuant-to-article-42-of-assimilated
[2] https://caselaw.nationalarchives.gov.uk/ewhc/admin/2024/614.
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