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The new regulations are set to be published in the middle of 2023 and to take effect from end-2023.

In brief

The Ministry of Health (MOH) will be introducing “Nutri-Grade”-related measures that will apply to freshly prepared beverages. From the end of 2023, all outlets selling freshly prepared beverages with higher sugar and saturated fat content will have to label such beverages with the “Nutri-Grade” mark. Outlets will also be prohibited from advertising freshly prepared beverages with the highest level of sugar and saturated fat content.


Recommended actions

As the new regulations will be published in the middle of 2023 and will take effect at the end of 2023, outlets selling freshly prepared beverages may consider tweaking recipes for beverages to contain less sugar. This would allow for better brand positioning once the new “Nutri-Grade”-related measures kick in.

In more detail

On 11 August 2022, the MOH announced that “Nutri-Grade”-related measures would apply to freshly prepared beverages. Freshly prepared beverages include freshly squeezed juices, bubble teas, freshly brewed coffee, tea and milo.

In particular, the new measures will require outlets selling freshly prepared beverages to label beverages higher in sugar and saturated fat content with the “Nutri-Grade” mark on hardcopy and softcopy menus. Advertising prohibitions will apply to freshly prepared beverages with the highest level of sugar and saturated fat content.  

This follows the positive public response to the implementation of “Nutri-Grade” labelling requirements and advertising prohibitions in relation to prepacked beverages. In this regard, the MOH has reported that the median sugar level of prepacked beverages has fallen from 7.1% in 2017 to 4.7% in 2021. Further, the sales for prepacked beverages with higher sugar content (i.e. Grade C and D prepacked beverages) have fallen from 63% in 2017 to 40% in 2021.  

By extending similar measures to freshly prepared beverages, the MOH intends to: (i) better facilitate consumers in identifying beverages that are higher in sugar and saturated fat content to make more informed and healthier choices; (ii) reduce the influence of advertising on consumer preferences for unhealthy beverages; and (iii) spur industry reformulation.

The specific requirements in respect of freshly prepared beverages have not been published. However, reference may be taken from the “Nutri-Grade” system in respect of prepacked beverages, which we set out below:

“Nutri-Grade” grading system for prepacked beverages

As reference, non-compliance with the measures in relation to prepacked beverages will be an offence punishable with a fine of up to S$1,000, and may be doubled for repeat offenders. Post-market surveillance will be conducted by the relevant authorities to ensure compliance with the regulations.

More information on the “Nutri-Grade” grading system for prepacked beverages may be found in our previous alert here.

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Author

Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."