Popular Irish crisp flavour could be affected by new EU ban

A certain ingredient is being phased out across the EU.

Earlier this week, Kerry Inc. lost a legal challenge against the European Commission’s refused authorisation renewal for smoke flavoured products.

Ingredients used to give food its smoky taste are being phased out across the European Union following assessments by the European Food Safety Authority (EFSA).

So, what's being ruled out and what will it effect?

Here is everything you need to know:

What is being banned and why?

Following assessments by EFSA in 2024, the European Commission refused to renew its authority on eight smoke flavouring primary products made from condensed and purified wood smoke.

The concern centres around the products genotoxicity or potential to damage genetic material, increasing the risk of cancer.

These ingredients are commonly used as an alternative to smoking meat, fish or cheese directly, and are often added to crisps, snacks, soups and sauces.

While said ingredients will be phased out under the rules, other ingredients and methods that comply with the new laws can be used to give food a smoky flavouring.

Not all 'smoky' products automatically fall under restrictions, it depends on how a product is smoked / given its smoky flavour.

The most relevant products that will be effected are smoky bacon crisps, smoke-flavoured snacks, smoked ham, rashers, processed meats, sauces such as BBQ, and some cheese and fish products.

When will the phase-out begin?

There are two deadlines regarding products that fall under the restrictions.

The deadline for foods containing the affected flavourings (mostly crisps, snacks, soups and sauces) to remain on the market was July 1, 2026.

Regarding cheese and cheese products, meat, processed fish/fishery products; they can remain on the market until July 2029 and can remain on sale until their best-before/use-by date.

The Kerry Inc. case

Kerry Group subsidiaries Kerry Inc. and Kerry Ingredients (UK) Ltd challenged the Commission’s decisions and reliance on EFSA’s assessment.

They argued that removing these flavourings could bring a return to traditional food smoking, which it considered to be more harmful to health, as well as the economy and environment.

However, this challenge was dismissed by the Court which found a return to traditional smoking methods was not displayed.

They added that the transition periods give effected businesses time to adapt to the new measures.