Practice Area - Regulatory Law

Food Label & Packaging Law

At BlackBay Lawyers, we understand the complexity of food packaging and labeling laws in Australia. Our team of experienced professionals is ready to help you navigate through the legal requirements set by the Food Standards Australia New Zealand (FSANZ), the primary regulatory body that sets food labelling standards in the Food Standards Code. We ensure that your products adhere to the regulations and that all representations made about your products are truthful, so as not to mislead consumers

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Food Label & Food Packaging Regulation

We provide comprehensive legal advice on general labeling and information requirements that are relevant to all foods, including those for retail sale, catering purposes, or intra-company transfer. Our team is well-versed in the specific labeling and information requirements that apply to certain food products only. We ensure your product labels comply with Chapters 1 and 2 of the Food Standards Code, as well as other relevant fair trading laws and food laws in Australia and New Zealand

Our Solutions

General Labelling Requirements

The Food Standards Code sets the general labelling and information requirements that are relevant to all foods, as well as specific labelling and information requirements that apply to certain food products. These standards are enforced by the Australian states and territories, and in New Zealand, by the Ministry for Primary Industries. All representations made about food are subject to fair trading laws and food laws in Australia and New Zealand which prohibit false, misleading or deceptive representations.

Our services in this area are designed to provide comprehensive guidance on all aspects of the Food Standards Code, which includes general labelling and information requirements applicable to all foods, as well as specific requirements for certain food products. Whether your product is for retail sale, catering purposes, or intra-company transfers, we help ensure that your labels are fully compliant with the current laws. We provide advice on:

Ingredient Declaration: We guide you on how to list ingredients and additives on the product label to ensure transparency and compliance with the FSANZ.
Nutritional Information Panel (NIP): We assist you in appropriately displaying the nutritional content of your food product, including energy, protein, fat, carbohydrate and sodium values.
Allergen Labelling: We help you adhere to the mandatory allergen labelling requirements, ensuring clarity and safety for consumers who have food allergies or intolerances.
Legibility Requirements: We understand that food labels must be easy to read and understand. We offer guidance on the minimum type size for your labels and other legibility requirements.
Country of Origin Labelling (CoOL): We provide advice on correctly stating the country of origin of your product, a critical aspect for consumer information.
Date Marking: We guide you on how to correctly display the 'use by' or 'best before' dates on your product, in compliance with FSANZ regulations.
False, Misleading, or Deceptive Representations: We provide guidance on ensuring that all representations made about your food product are truthful and not misleading or deceptive, in line with fair trading laws and food laws in Australia and New Zealand.

Our aim is to help your business understand and navigate these labelling requirements, ensuring that your products meet all mandatory standards and that your consumers are well-informed

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Dispute Resolution and Legal Representation

Our firm also offers advisory services to fast-moving consumer goods (FMCG) producers. We can help you develop an in-depth understanding of the specific requirements and regulations associated with food label and packaging laws. Our aim is to help you avoid any potential legal pitfalls and ensure that your products meet all the necessary standards and regulations.

We offer comprehensive compliance training for your team to ensure everyone is up to speed with the food label and packaging laws and regulations. This training can be tailored to the specific needs of your business, helping your team understand and apply the laws correctly.

In addition to our comprehensive legal services, we also offer consultation services. This includes assessing your current food labelling and packaging practices, identifying any areas of non-compliance, and providing practical solutions for improvement. Our consultations are tailored to suit your specific needs and can help you streamline your operations while ensuring compliance with the law.

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Bee Products and Precautionary Allergen Labelling

If your products contain bee products like bee pollen, propolis, or royal jelly, we can advise you on how to label these with either a warning or advisory statement as required by the Food Standards Code. We also provide advice on the use of precautionary allergen labelling, like 'may contain' or 'may be present' statements, which are not regulated by the Food Standards Code but can still be important for informing consumers about potential allergens.

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Country of Origin Labelling

Australia has specific laws for country of origin labelling on food products. Unfortunately, due to technical issues, I was not able to fetch the most current information regarding these laws. However, we can assure you that our team at BlackBay Lawyers is well-informed about these regulations and can help you comply with them. We can guide you through the process of correctly stating the country of origin on your food labels and ensuring they meet the mandatory Australian standards.

Please note that the Australian food labelling and packaging regulations are complex and subject to change. It's important to get accurate and up-to-date legal advice. We are here to help you navigate these laws to ensure your food products are compliant and successful in the market.

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Allergen Labelling

Food allergies are serious and can cause severe health reactions. It is crucial for food producers to clearly label any potential allergens in their products. Our team can guide you through the recent changes to allergen labelling requirements introduced by the Food Standards Code, effective from 25 February 2021. We will ensure your product labels meet the new standards, which require all food ingredients, including food additives or processing aids that can cause allergic reactions, to be declared. We will help you transition to the new allergen declaration requirements by the given deadline of 25 February 2024.

We can also advise on how to appropriately declare allergens on your product labels, including the use of bold font and font sizes, the creation of a separate allergen summary statement, and the specific names to use for different allergens. For food not required to bear a label, such as food provided at a café or takeaway, we can help you find ways to display allergen declarations in connection with the food or provide them to the purchaser upon request

Get in touch with a Food & Beverage Regulation Lawyer

Regulatory Affairs Liaison

Navigating the regulatory landscape can be challenging. At BlackBay Lawyers, we can act as your liaison with regulatory bodies like the Food Standards Australia New Zealand (FSANZ), ensuring that your concerns are addressed and your business stays compliant with all relevant regulations.

Risk Management

We understand that complying with food labelling and packaging laws is not just about adhering to regulations - it's also about managing risk. Our team can help you identify potential areas of risk in your operations and provide strategies to mitigate these risks. This can protect your business from potential legal disputes and reputational harm.

Our commitment at BlackBay Lawyers is to provide you with comprehensive, effective, and practical legal solutions. We value our relationships with our clients, and we strive to provide services that not only meet but exceed your expectations. We are here to support you in meeting all your legal obligations related to food labelling and packaging laws, helping your business thrive in the competitive food industry.

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Nutrition and Health Claims

The Food Standards Code sets out requirements for making nutrition content and health claims about food under Standard 1.2.7. All health claims must be supported by scientific evidence to the same degree of certainty, whether they are pre-approved by FSANZ or self-substantiated by food businesses4.
For general level health claims, food businesses can base a claim on one of the more than 200 pre-approved food-health relationships in the Standard or self-substantiate a food-health relationship by following the process for systematic review in Schedule 6 of the Code. If food businesses self-substantiate a food-health relationship, they must notify FSANZ of the relationship before making a claim on food labels or in advertisements5.
High level health claims must be based on pre-approved food-health relationships. There are currently 13 pre-approved food-health relationships for high level health claims in Schedule 4 of the Food Standards Code. Food businesses can also apply for pre-approval of a food-health relationship supporting a general or high level health claim6.
Foods displaying health claims must meet certain compositional requirements set out in the Standard, including the nutrient profiling scoring criterion (NPSC). The Nutrition Profiling Scoring Calculator helps food businesses determine a food's nutrient profiling score7.

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Imported Food Regulation Guidance

For businesses importing food into Australia and New Zealand, adhering to the specific food safety regulations is a necessity. Not only does compliance ensure the safety of consumers, but it also guarantees the smooth operation of your business without regulatory disruptions.

At BlackBay Lawyers, we offer a comprehensive suite of services to help you navigate the complexities of these import regulations:

Understanding the Imported Food Inspection Scheme: We assist in comprehending the intricacies of the Imported Food Inspection Scheme, helping you understand how it affects your business operations, and what steps you need to take to ensure compliance.
Risk Assessments: We work with you to identify potential risks and vulnerabilities in your import operations. Our aim is to help you mitigate these risks in compliance with food import regulations, thereby reducing the chances of any regulatory issues.
Regulatory Documentation and Certifications: We guide you through the process of acquiring all necessary documentation and certifications required for importing food. This includes health certificates, import permits, and any other documentation needed to meet regulatory standards.
Compliance with Food Standards Code: We ensure that your imported products comply with the requirements laid out in the Food Standards Code. From labelling and packaging requirements to specific food standards, we provide the guidance you need to meet these regulations.
Legal Representation: In case of disputes or legal actions stemming from your import operations, we provide expert legal representation. Our legal team is well-versed in import regulations and can effectively protect your interests in any legal proceedings.

Through our comprehensive services, we strive to ensure that your food import operations are legally compliant, risk-free, and successful. Trust BlackBay Lawyers to guide you through every step of the import process, ensuring a smooth and hassle-free experience.

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"As a startup in the food space, navigating the intricacies of advertising law was daunting until we started working with BlackBay Lawyers. Their team's expertise and attention to detail have been invaluable. They walked us through the legal landscape, ensuring our marketing efforts remained within the legal boundaries."

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Regulation We Advise On

Competition and Consumer Act 2010 (Cth)

The Competition and Consumer Act 2010 is a key piece of Australian legislation that prohibits misleading or deceptive conduct, including false or misleading advertising. Administered by the Australian Competition and Consumer Commission (ACCC), BlackBay Lawyers advises on the implications and applications of this Act to ensure our clients' advertising practices are compliant.

BlackBay Lawyers ensures that our clients are fully aware of the stipulations within the Competition and Consumer Act 2010. We provide detailed advice on creating advertising campaigns that do not mislead or deceive, and we guide clients in understanding their obligations and rights under this Act. When needed, we also represent clients in ACCC investigations or enforcement proceedings.

Australian Consumer Law (ACL)

The ACL is contained within the Competition and Consumer Act 2010 and provides specific provisions related to false or misleading representations about goods or services. This includes false testimonials, bait advertising, and component pricing. We guide our clients through the nuances of these provisions to ensure their marketing strategies are legally sound.

Our role involves guiding clients through the specific provisions of the ACL that pertain to false or misleading representations about goods or services. We regularly review clients' marketing materials, advise on potential risks, and help create strategies that align with the ACL.

Ad Standards

Formerly known as the Advertising Standards Bureau, Ad Standards administers Australia's system of advertising self-regulation through the Ad Standards Community Panel. The panel considers complaints about advertisements in relation to several codes, including the Australian Association of National Advertisers (AANA) Code of Ethics.

At BlackBay Lawyers, we educate our clients on the Ad Standards Community Panel's expectations and help them develop advertising that conforms to the AANA Code of Ethics. In the event of complaints, we provide guidance and representation to navigate the resolution process effectively.

TGAC

Overseen by the Therapeutic Goods Administration (TGA), the TGAC governs the advertising of therapeutic goods. Our expert team provides comprehensive advice on the TGAC to clients in the health sector, ensuring that their advertising efforts for therapeutic goods meet all legal requirements. We aid in reviewing and developing compliant advertising campaigns and act as a strategic partner in case of any TGA inquiries or investigations.

Broadcasting Services and ACMA

The Broadcasting Services Act 1992 provides guidance relating to broadcasting codes of practice, including advertising on radio and television. Further, the Australian Communications and Media Authority (ACMA), established by the Act, provides specific advertising rules for broadcasters.

BlackBay Lawyers assists clients in understanding the Broadcasting Services Act and the advertising rules set out by ACMA. We advise on the legal aspects of advertising on radio and television, ensuring that clients' advertisements are within the bounds of the Act and ACMA's guidelines.

Health Practioner Regulation National Law

The National Law established the Australian Health Practitioner Regulation Agency (Ahpra), which works in partnership with 15 National Boards to set advertising standards for practitioners. We provide advice on these guidelines, ensuring compliance for practitioners and related healthcare businesses.

BlackBay Lawyers provides advice to healthcare practitioners and businesses on the advertising standards set by Ahpra. We ensure that our clients' advertising strategies are in compliance with the National Law and provide detailed guidance on the upcoming guidelines for advertising cosmetic surgery.

ABAC

The ABAC promotes responsible marketing of alcoholic beverages. We advise clients on the marketing code's guidelines to help them responsibly and legally advertise their alcoholic products.

We assist clients in the alcohol industry in understanding and adhering to the ABAC Responsible Alcohol Marketing Code. We review advertising materials, provide advice on responsible advertising practices, and act as representatives in case of any complaints or disputes under ABAC.

Food Standards Australia New Zealand (FSANZ)

For food products, FSANZ sets out standards for what can and can't be included in food labels and advertisements. Our expertise covers these standards, ensuring our clients in the food industry maintain full compliance. We help our food industry clients navigate the complex FSANZ standards for food labels and advertisements. Our team reviews and advises on packaging, labeling, and advertising materials to ensure they meet FSANZ standards, thus mitigating the risk of non-compliance.

Our Approach

At BlackBay Lawyers, our purpose is to empower our clients to overcome their legal challenges with confidence that not only achieve positive results but also foster growth, innovation, and success

We do this by providing exceptional legal solutions that combine the expertise of the best legal talent with cutting-edge technology. Our team is comprised of specialists in Commercial, Regulatory, Employment, and Defamation Litigation.

We are dedicated to delivering the highest level of service in a holistic manner.

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Food & Beverage Label Regulations FAQ

Advertising Laws in Australia

Advertising in Australia is governed by a complex network of laws and regulations. Among these, the Competition and Consumer Act 2010 and the Australian Consumer Law are perhaps the most significant. They prohibit misleading or deceptive conduct, including false or misleading advertising. Another important piece of legislation is the Broadcasting Services Act 1992, which contains provisions about broadcasting, including advertising, on radio and television.

The Food Standards Australia New Zealand sets out standards for what can and can't be included in food labels and advertisements. If an advertisement involves the collection, use, or disclosure of personal information, the Privacy Act 1988 applies.

Beyond these, several industry-specific regulations apply. For example, the Health Practitioner Regulation National Law 2009 sets advertising standards for practitioners. The ABAC Responsible Alcohol Marketing Code governs the marketing of alcoholic beverages. Lastly, the Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001 prohibit misleading and deceptive conduct in relation to financial services.

Navigating these laws can be complex, which is where the expertise of an advertisement lawyer comes in. A lawyer well-versed in advertisement regulations can help businesses understand and comply with these laws, mitigating the risk of potential legal issues.

Understanding Ad Law

Advertising law, often referred to by "ad lawyer" professionals, is a broad field that incorporates various aspects of law ranging from consumer protection, intellectual property, privacy, and contract law. It essentially sets the rules and standards for how companies can communicate and advertise their products and services to consumers. These laws are designed to ensure that businesses engage in truthful, fair, and ethical advertising practices.

It's crucial to comprehend that advertising law is not just a single set of laws or regulations. Instead, it's a complex web of federal, state, and industry-specific laws that govern the way businesses promote their products or services. An ad lawyer or an advertising lawyer plays a vital role in helping businesses navigate this complex landscape. They can provide counsel on various issues, from the initial stages of campaign planning to dealing with potential legal disputes arising from advertising content.

The role of an advertising lawyer expands beyond mere compliance. They can help businesses leverage these laws to their advantage, creating advertising campaigns that are not only compliant but also effective and innovative. By understanding the nuances and intricacies of advertising laws, businesses can confidently promote their products or services while avoiding legal pitfalls.

Importance of Compliance

The Food Standards Code requires certain food and substances to be declared when they are present in a food as ingredients including food additives or processing aids. This is because these substances can cause allergic reactions or adverse health reactions for some people, such as those with Coeliac disease or asthma2.
As of 25 February 2021, the Food Standards Code introduced new requirements for allergen labelling. Food businesses have until 25 February 2024 to transition to these new requirements. During this transition period, food businesses can comply with either the existing or new allergen declaration requirements. If a food is packaged and labelled before 25 February 2024 and it complies with the existing allergen declaration requirements, then the food can be sold for up to two years (i.e., until 25 February 2026)3.
Specific food and ingredients that need to be declared include wheat, soy, fish, egg, milk, peanuts, and certain types of nuts and cereals, among others. The specific names that must be used for these declarations are listed in the Food Standards Code4.
Allergens must be declared in the statement of ingredients using bold font and a font size no smaller than that used for other listed ingredients. Additionally, a separate allergen summary statement in bold font beginning with the word 'contains' must be provided. For food not required to bear a label, declarations must be displayed in connection with the food or provided to the purchaser upon request using the required names5.
Wheat, barley, oats, and rye must be declared if they contain gluten. They are not required to be declared if they are present in a form that does not contain gluten6.
Some food can be manufactured in a way that makes it safe to be eaten by people with allergies and do not need to have allergens declared. The Code includes exemptions from allergen labelling for these foods1.
- Bee products, such as bee pollen, propolis, royal jelly, and foods containing these bee products, must be labelled with either a warning or advisory statement2.
- The use of voluntary precautionary allergen labelling (PAL) statements such as 'may contain' or 'may be present' are not regulated by the Food Standards Code3.

Common Issues in Advertising Law

In the world of advertising law, there is a myriad of potential issues and pitfalls that businesses can encounter. These issues can range widely in scope and complexity, making it crucial to have an experienced advertising lawyer to navigate the legal intricacies.

One common issue is the risk of misleading or deceptive claims. This can occur when an advertisement makes a promise or claim that can't be substantiated or is likely to create a false impression. These claims can be about the product or service itself, its price, the need for it, or even its legality. Misleading or deceptive advertising is not only unethical, but it's also illegal under the Australian Consumer Law and the Competition and Consumer Act 2010. BlackBay Lawyers has a wealth of experience in advising businesses on how to ensure their advertising claims are both compelling and compliant.
Another common issue arises around privacy. With the increasing use of digital marketing strategies, businesses often collect and use personal information to target their advertising. This must be done in compliance with the Privacy Act 1988. Businesses that fail to respect privacy rules can face penalties and damage to their reputation. At BlackBay Lawyers, we advise on best practices for data collection, use, and storage, and help businesses navigate the intricacies of privacy laws.
Intellectual property infringement is another area where issues commonly arise. This can occur when an advertisement uses copyrighted material or trademarks without permission. BlackBay Lawyers has extensive experience in intellectual property law, and we can advise on how to avoid infringements and handle any disputes that arise.
Lastly, contractual issues with advertising agencies or other third parties can be a common challenge. Businesses often engage third parties to assist with their advertising efforts, which involves contractual agreements. These contracts can be complex, and disputes can arise over issues like the scope of work, payment terms, or ownership of intellectual property. BlackBay Lawyers has a strong track record in contract law, and we can assist with drafting, reviewing, and negotiating these agreements to protect your interests.

Industries and Advertising Laws

The landscape of advertising laws and regulations is a complex one, applying to every industry. However, certain sectors require an even more nuanced understanding due to their specific regulations. These industries include healthcare, food and beverage, cosmetics, financial services, and those targeting children in their marketing efforts.

Whether it's the Health Practitioner Regulation National Law overseeing advertising standards for health services, FSANZ regulations for food labels and advertisements, or ASIC and Corporations Act rules for financial services, the legal terrain can be a minefield. Each of these sectors not only has to adhere to general advertisement laws but also to regulations specific to their industry.

As an ad lawyer specializing in these sectors, BlackBay Lawyers brings both breadth and depth of experience. Our team is adept at navigating the intricacies of industry-specific regulations, providing the expert guidance businesses need to maintain compliant and effective marketing strategies.

Non-compliance in Advertising: Immediate Steps

Non-compliance in advertising can have serious repercussions for businesses, including legal penalties, damage to reputation, and lost revenue. If you suspect your advertisement may be non-compliant, it is essential to seek legal advice immediately.

At BlackBay Lawyers, we offer a swift and thorough review of your advertising materials. Our team of advertising lawyers will scrutinise every aspect of your ads, including the claims made, the use of images and language, and the overall impression created by the ad. We will also consider any specific regulations that apply to your industry or type of ad.

In addition to identifying potential legal risks, we will provide advice on how to mitigate these risks. This could involve revising your advertising materials, changing your advertising practices, or even withdrawing the ad if necessary. We will also advise on how to respond to any complaints or legal action that may have been taken against you.

Throughout this process, our goal is to help you navigate the legal landscape and minimise the potential impact on your business. With our expertise and support, you can confidently address any compliance issues and move forward with your advertising strategies.

Ensuring compliance with advertising laws and regulations is a complex task that requires a tailored approach. At BlackBay Lawyers, we understand that every business is unique, with its own specific circumstances and challenges. That's why we begin our process with a comprehensive review of your advertising materials and strategies.

Our review process involves a detailed analysis of your ads, considering elements such as the claims made, the imagery and language used, and the overall impression created by the ad. We also consider the specific regulatory environment of your industry, and any relevant codes or standards that may apply. We then identify any areas of risk or non-compliance and provide clear, practical advice on how to address these issues.

Beyond just identifying risks, we also help businesses to implement solutions. This could involve revising your advertising materials to ensure they are compliant or helping to develop new procedures for creating and reviewing ads. We can also provide training sessions for your marketing team, legal team, or any other relevant staff members to help them understand the laws and regulations affecting your advertising practices. This is not just about fixing issues, but also building a culture of compliance within your organization.

Furthermore, we understand that compliance is not a one-time task, but an ongoing commitment. Therefore, we offer ongoing support to help you navigate any changes in the law or your business circumstances. This could involve regular check-ins, updates on relevant legal developments, and prompt assistance with any new compliance issues that arise.

Food & Beverage Label Regulation FAQ

Q1: What is the Food Standards Code and how does it apply to my business?

The Food Standards Code is a legislative instrument set by Food Standards Australia New Zealand (FSANZ) which outlines the standards for food sold in Australia and New Zealand. This includes food labelling, composition and safety standards. Any business that sells food in these territories must comply with this code.

Q2: What are the specific labelling requirements for food products?

Food labels must include a variety of information including the food's ingredients, nutrition information, use by or best before date, and manufacturer details. There are also specific requirements for making health claims and allergen declarations. Non-compliance can result in penalties.

Q3: How should allergens be declared on food labels?

As of February 2021, allergen declarations need to be included in the ingredients list and in a separate allergen summary statement. Certain foods and ingredients must be declared using specific names, and these declarations must be made in bold font.

Q4: What are the regulations for making health claims on food labels?

Health claims on food labels must be based on substantiated food-health relationships and be supported by scientific evidence. There are different regulations for general level health claims and high-level health claims, and certain requirements must be met for foods making these claims.

Q5: What regulations apply to imported food?

Imported food must comply with the Imported Food Inspection Scheme and the Food Standards Code. This includes meeting standards for labelling, composition, and safety. Non-compliance can result in the food being held at the border or recalled.

Q6: How do I ensure my food packaging is compliant with Australian and New Zealand regulations?

To ensure compliance, you should consult the relevant sections of the Food Standards Code, seek advice from industry bodies, or engage a legal expert in food and beverage regulations. At BlackBay Lawyers, we provide comprehensive legal guidance to businesses in the food and beverage industry to ensure full regulatory compliance.

Q7: What happens if my food product doesn’t comply with the regulations?

Non-compliance with food regulations can result in a range of penalties, from fines to product recalls. It can also harm your brand's reputation. Therefore, it is crucial to ensure that your food products meet all relevant regulations and standards.

Remember that the information provided in this FAQ is for general guidance only. For advice tailored to your specific circumstances, please get in touch with our team at BlackBay Lawyers.

Dispute Resolution in Advertising Law

When disputes arise in the realm of advertising law, they can be complex, high-stakes, and stressful. Whether it's a dispute with a regulatory body, a disagreement with an advertising agency, or a lawsuit from a competitor or consumer, BlackBay Lawyers is equipped to provide robust and strategic representation.

Our approach to dispute resolution is proactive and strategic. We aim to protect your interests and resolve disputes as efficiently and effectively as possible. This starts with a comprehensive review of the dispute and a clear understanding of your objectives. We then develop a tailored strategy, which could involve negotiation, mediation, arbitration, or litigation.

In court cases, we leverage our deep understanding of advertising law and strong litigation skills to defend your interests. This could involve challenging the validity of the claim, mitigating potential penalties, or negotiating a settlement. We represent clients in all levels of the Australian court system and have a strong track record of successful outcomes.

In regulatory investigations or enforcement actions, we assist clients in navigating the process and interacting with the regulatory body. We aim to ensure that your rights are protected and that the outcome is as favourable as possible. This could involve challenging the regulator's findings, negotiating a resolution, or advising on compliance measures to address the regulator's concerns.

Regardless of the nature of the dispute, we always keep our clients informed and involved at every step. We understand that these disputes can have significant implications for your business and we work tirelessly to achieve the best possible outcome.

Food Label & Packaging Law

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Food Label & Food Packaging Regulation

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General Labelling Requirements

Regulation We Advise On

Food Standards Australia New Zealand (FSANZ)

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Food & Beverage Label Regulations FAQ

Food & Beverage Label Regulation FAQ

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