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Drink manufacturers have reportedly reformulated their recipes and redesigned their labels for compliance with upcoming ‘Nutri-Grade’ requirements.

In brief

From 30 December 2022, ‘Nutri-Grade’ beverages sold in Singapore in prepacked form and from automatic beverage dispensers will be subject to new labelling requirements and advertising prohibitions.

Several drink manufacturers have reportedly reformulated their recipes to cut sugar and saturated fat, and introduced the ‘Nutri-Grade’ labels on the packaging of their products ahead of the deadline.


Recommended actions

With the fast-approaching deadline, brands should immediately consider where their beverage products fall under the ‘Nutri-Grade’ grading system and begin redesigning their labels for compliance with the upcoming requirements if this has not already been done.

Brands can also consider taking steps to reformulate their beverages to fall within more desirable ‘Nutri-Grade’ categories. This may position the beverages and brands more favourably from a public relations perspective.

In more detail

In our previous alert, we provided an overview of the upcoming ‘Nutri-Grade’ labelling requirements and advertising prohibitions. These requirements and prohibitions are slated to come into operation on 30 December 2022.

It has now been reported that several drink manufacturers have reformulated their recipes to reduce the sugar and saturated fat content in their products. Such reformulation may be time-consuming and require considerable investment for research and development efforts. Considerations such as the taste, nutritional profile, sugar content, supply chain management, manufacturing assessment and consumer demand have to be taken into account.

Brands have also introduced the “Nutri-Grade” label on their products, where such products may already be found in physical retail stores.

The Health Promotion Board has emphasised that the authorities will conduct checks to ensure that brands comply with the new labelling requirements.

You may read more about the ‘Nutri-Grade’ labelling requirements and advertising prohibitions for beverages in prepacked form and from automatic beverage dispensers here, and the potential expansion of ‘Nutri-Grade’-related measures to freshly prepared beverages 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."

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