The EU General Court has dismissed Kerry’s challenge to the European Commission’s refusal to renew authorisations for three smoke-flavouring products.
Kerry sought renewal after ten-year authorisations expired. The European Food Safety Authority had identified genotoxicity concerns in components of the products, including exposure estimates above the applicable toxicological threshold for two substances known to be genotoxic when taken orally.
The Court held that an applicant for authorisation or renewal bears the burden of showing that a smoke flavouring presents no risk to human health. EFSA and the Commission did not have to prove the products were harmful before refusing renewal. The judges also rejected attacks on EFSA’s component-based method.
Arguments about a possible return to traditional smoking and the decisions’ economic or environmental effects did not alter that conclusion. The Court said transitional periods allowed manufacturers to find alternatives and adjust production. The judgment disposes of the General Court action in its entirety; any further challenge would be limited to an appeal on points of law.
Official Court press release and case summary
