CFG
06/03
In March 2002, the European
Commission adopted a Decision1 to suspend
the placing on the market and import of jelly confectionery containing
the food additive E425 konjac. Also the use of E425 konjac in jelly
confectionery was suspended. This measure was adopted under Article
53 of Regulation (EC) n°178/2002 allowing the Commission to suspend
the placing on the market or use of a food that is likely to constitute
a serious risk to human health, when such risk cannot be contained
satisfactorily by means of measures taken by the Member States concerned.
The consumption of jelly confectionery (so called jelly mini-cups)
containing the additive E425 konjac has been reported to constitute
a serious health threat, particularly for children and elderly people.
Several people have died in third countries through choking. In addition
to the shape and size of this confectionery, the chemical and physical
properties of the food additive konjac are such that it causes jelly
mini-cups to constitute a life threatening risk.
The use of the additive E425 konjac in the EU is authorised since
1998 by Directive 95/2/EC on food additives other than colour and
sweeteners 2. E425 konjac is toxicologically
safe, and its use was therefore authorised in all foodstuffs.
Article 53 of Regulation (EC) no. 178/2002 only allows for temporary
safeguard measures. In view of the risk caused by jelly mini-cups,
the Commission proposed in August 20023
to amend Directive 95/2/EC in order to withdraw the authorisation
to use E425 konjac in jelly mini-cups and in other jelly confectionery
in order to protect human health.
Jelly mini-cups are mostly sold in Asian countries. They are imported
all over the EU, and mostly sold in Asian shops and consumed by this
community. Some third countries responded to the health risk by imposing
a warning through labelling. The European Commission does not feel
that this measure is appropriate. Foodaware fully supports this position,
especially when infants and children who may not be able to read labels
are most at risk.
Therefore, the European Commission proposes a permanent ban of the
use of E425 konjac in jelly mini-cups and in all jelly confectionery,
as it may present the same risk as jelly mini-cups.
Foodaware supports such a ban, and feels this is the adequate response
to the serious risk to health caused by the use of E425 konjac in
jelly confectionery. Such use is life threatening, especially among
infants, children and elderly, and has already caused many deaths
in third countries. Temporary measures, product withdrawals or recalls
are not ensuring a high level of safety and consumer health protection.
Foodaware does not believe that such a ban is discriminatory or constitutes
an obstacle to international trade. The use of E425 is only banned
in products where it constitutes a life threatening risk, and authorised
in all other food products.
Ann Davison
Manager
Foodaware
1 Decision 2002/247/EC of 27 March 2002,
OJ L 84, 28.04.2002
2 Directive 95/2/EC of 20 February 1995,
OJ L 61, 18.03.1995
3 Proposal for a Directive amending Directive
95/2/EC as regards the conditions of use for a food additive E 425
konjac, COM (2002) 451 final
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