Press Release 11.12.2024

Leaked EU proposal on mineral oil contaminants: foodwatch calls for stricter consumer protection

A leaked draft of the proposed regulation to minimise mineral oil contamination in food obtained by foodwatch shows clear weaknesses for consumers’ health protection. The proposal marks a significant step towards the establishment of legally binding limits on mineral oil aromatic hydrocarbons (MOAH), which are suspected genotoxic carcinogens, in food. However, foodwatch is concerned that, under the current form, it could leave consumers – especially vulnerable groups like infants and young children – at risk. An earlier version of the text seen by foodwatch at the end of 2023 was more ambitious, suggesting that the strong industry pressures to carve out derogations are successful. The international consumer organisation calls on Member States to do their part by resisting industry lobbying and strengthening the legislation for the sake of public health protection.

“After years of alarming test results and public pressure, the European Commission has finally taken a step towards regulating mineral oil contaminants in food. However, the draft proposal lacks the teeth needed to fully protect consumers. In a context of significant corporate lobbying, the onus is now on Member States to push for a strong regulation. For too long, industry players have left consumers exposed to suspected genotoxic carcinogens that have no place in our food. The only acceptable residue level for mineral oil in our food is: zero!”, said Natacha Cingotti from foodwatch International.

The European Commission has proposed a draft regulation on the contamination of food with mineral oils, which is now under discussion with EU member states. A meeting of the Member States Working Group in charge is taking place on 12-13 December in Brussels and an agreement is expected in the first quarter of 2025.

According to foodwatch, the draft that has now been leaked and is dated from June 2024, includes three shortcomings:

•    Excessively high maximum limits
Proposed thresholds for some raw materials like vegetable oils, olive pomace oils, and marine oils are unacceptably high.

•    Unacceptably long transition periods
While a phased introduction of new regulations may be necessary, the proposed transition periods for certain foodstuffs are excessively long. Industry has already been aware of mineral oil contamination issues for years, as foodwatch first products’ tests date back 2015. Since then, continuous advancements in methods have demonstrated that stricter limits could be implemented more rapidly.

•    Inadequate Protection for Vulnerable Groups
The draft regulation does include infant formula and baby drinks, which is a positive step. However, some proposed limits for these products, particularly those with a fat content over 50%, remain too high. Infants and young children are particularly vulnerable to the health risks of MOAH, necessitating a strict zero-tolerance standard.

“This legislation represents a rare opportunity to protect millions of European citizens from unnecessary contamination by harmful mineral oils. Member States must act decisively to close the gaps in the draft proposal and adopt a regulation that prioritises public health over industry interests,” said foodwatch’s Natacha Cingotti.

Over the last decade, foodwatch has consistently raised awareness about mineral oil contamination through extensive food products’ testing and advocacy for a strict EU regulation. As early as 2015, foodwatch published laboratory tests showing mineral oil contaminations in many food products such as rice, pasta, or cornflakes. Its 2021 tests were instrumental in initiating the current proposal for a binding regulation. foodwatch has welcomed this long-awaited political development, but significant improvements are still necessary for the future piece of law to effectively increase consumer protection.
About 185,000 people have already signed foodwatch’s petition asking for a zero-tolerance approach towards mineral oils contamination in food.