Kerry Group taking legal action over EU ban on smoke flavourings

Application claims the EFSA made ‘manifest errors of assessment’ that ignored other legitimate factors such as the health effects of 'the unavoidable return to traditional smoking'

The Kerry Group companies claim the European Commission’s action violates the principle of non-discrimination by only establishing an authorisation regime for smoke flavouring products and not for traditional smoking.

Two subsidiaries of Kerry Group are taking a legal action against the European Commission over its decision in 2024 to introduce a phased ban of several smoke flavourings on grounds of public health.

The Court of Justice of the EU is to hear an application on Wednesday from US and British subsidiaries of the Irish food ingredients multinational to annul the decision taken by the commission not to renew the authorisation of some smoke flavourings.