Regulatory review: Antidumping duties on China, India, new HMO approval and more

Find out the latest regulatory updates regarding Asia-Pacific's nutraceutical industry.
Find out the latest regulatory updates impacting Asia-Pacific's nutraceutical industry. (Getty Images)

The US imposing antidumping and countervailing duties on hard empty capsules from Brazil, China, India and Vietnam, China’s approval of 3’-sialyllactose (3’-SL) in infant formula are some of the latest updates in this regulatory news round-up.

Supreme Court strikes down Trump’s tariff policy

A picture of the Supreme Court in Washington
Does the Supreme Court's decision on tariffs spell the end of volatility for the ag industry? (Image: Getty/Russ Rohde)

The decision is likely to spark a wave of lawsuits from businesses across the food and beverage industry and beyond.

The US Supreme Court struck down the Trump administration’s use of the International Emergency Economic Powers Act (IEEPA) to impose global tariffs, ruling 6–3 that the move exceeded presidential authority on February 20.

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The decision is expected to have far-reaching effects on international trade and the fluctuating tariffs that have impacted a wide range of food and beverage products.

US imposes antidumping and countervailing duties on HECs from Brazil, China, India and Vietnam

Finalized antidumping duties on hard empty capsules are expected to reshape pricing and sourcing strategies across the U.S. market.
Finalized antidumping duties on hard empty capsules are expected to reshape pricing and sourcing strategies across the U.S. market. (wildpixel/Getty Images)

A recent ruling could have dramatic implications on pricing, supply chains and the overall competitive landscape of Hard Empty Capsules (HEC).

The U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) issued a final affirmative determination that found that HEC imports from Brazil, China, India and Vietnam were sold in the United States at less than fair market value.

The findings stated that imports from these countries are harming the U.S. capsule industry by undercutting domestic producers, with the investigation revealing significant dumping margins.

China approves HMO 3’-SL for use in infant formula

Nestlé is investing in the expansion of premium infant formula. Feeding bottle with infant formula and powder on violet  background.
Nestlé is investing in the expansion of premium infant formula. (Liudmila Chernetska/Image: Getty/Liudmila Chernetska)

The Chinese authorities have approved 3’-sialyllactose (3’-SL) – a human milk oligosaccharide (HMO) – for use in infant formula for the first time.

China’s National Health Commission permitted the use of 3’-SL in a variety of products other than infant formula, including complementary food for toddlers.

In total, the Chinese authorities have approved three HMOs for use in infant formula, including 2′-fucosyllactose (2′-FL) and lacto-N-neotetraose (LNnT).

FDA eases ‘no artificial colors’ labeling rules, paves way for natural color adoption

Under the new guidance, companies can use voluntary labeling statements on products that contain naturally derived colors as long as petroleum-based synthetic dyes, such as Red No. 40 and Yellow No.6, among others, are not present
Under the new guidance, companies can use voluntary labeling statements on products that contain naturally derived colors as long as petroleum-based synthetic dyes, such as Red No. 40 and Yellow No.6, among others, are not present (Liudmila Chernetska/Image: Getty/Liudmila Chernetska)

The FDA is changing how food manufacturers can make “no artificial colors” claims, allowing greater flexibility for products containing naturally derived color additives.

However, some industry and advocacy observers warn the guidance is vague, particularly around the undefined category of “petroleum-based dyes,” leaving manufacturers uncertain about compliance and potential legal risk.

Under the new guidance, companies can use voluntary labeling statements on products that contain naturally derived colors, as long as petroleum-based synthetic dyes, such as Red No. 40 and Yellow No.6, among others, are not present.

South Korea re-evaluating turmeric, green coffee bean due to adverse reports

Turmeric powder and fresh turmeric (Curcuma, curcumin), Organic ingredient in Asian cuisine, food coloring or natural dyeing
Curcumin, a polyphenol compound naturally present within turmeric, could help to reduce muscle damage and inflammation, in the musculoskeletal system, following vigorous physical exercise. (Getty Images)

South Korea’s Ministry of Food and Drug Safety (MFDS) is re-evaluating the safety and functionality of turmeric extract and eight other functional ingredients.

The other ingredients are the probiotic Lactobacillus gasseri BNR17, mastic gum, boswellia extract, Spanish licorice extract, green coffee bean extract, lemon balm extract, hyaluronic acid and Rhodiola rosea extract.

Turmeric extract, green coffee bean extract and lemon balm extract mixed powder were selected due to adverse events, while the others were chosen as part of a routine re-evaluation process.