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Product Regulation & Liability

Singapore: Extension of ‘Nutri-Grade’ labelling requirements

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In brief

From end-2023, freshly prepared beverages with high sugar and saturated fat content will be required to display ‘Nutri-Grade’ labels.

The ‘Nutri-Grade’ labelling requirements that presently apply to retail settings will also be extended to apply to non-retail settings such as workplaces, schools and healthcare institutions.

Recommended actions

As the new regulations are expected to take effect at the end of 2023, brands that provide 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

Background

On 13 February 2023, the Ministry of Health (MOH) released an update on the extension of the ‘Nutri-Grade’ labelling requirements to freshly prepared beverages from end-2023. Freshly prepared beverages include freshly squeezed juices, bubble teas, as well as freshly brewed coffee and tea.

By extending the ‘Nutri-Grade’ labelling requirements to freshly prepared beverages, the MOH intends to aid consumers in making better informed and healthier choices through: (i) helping consumers identify beverages that have higher levels of sugar and saturated fat; (ii) reducing the influence of advertising on consumer preferences; and (iii) spurring industry reformulation.

Key features

MOH and the Health Promotion Board (HPB) intend to publish details of the additional measures in mid-2023 and have them come into effect in end-2023. The key features of the additional measures are as follows:

  1. The ‘Nutri-Grade’ grading system and labelling requirements that currently apply to prepacked beverages will be extended to freshly prepared beverages, including those from vending machines, whether the beverages are customizable or not.
  2. The existing ‘Nutri-Grade’ grading system and labelling requirements that currently apply to retail settings, such as food and beverage outlets and catering establishments, will be extended to non-retail settings, such as workplaces, schools and healthcare institutions.
  3. While the labelling of freshly prepared beverages graded ‘A’ or ‘B’ is optional, if the freshly prepared beverage is graded ‘C’ or ‘D’, the ‘Nutri-Grade’ mark must be labelled next to the beverages at the point of purchase, such as on physical or online menus.
  4. A simplified ‘Nutri-Grade’ mark and a sugar declaration mark for toppings have been developed.
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  1. Information on freshly prepared ‘Nutri-Grade’ beverages, such as the amount of sugar and saturated fat, must be available to any person who wishes to view the information, either through an electronic record or a physical copy.
  2. Advertisements promoting the sale of freshly prepared ‘Nutri-Grade’ beverages graded ‘D’ will be prohibited.

More information on the ‘Nutri-Grade’ grading system and labelling requirements may be found in our previous alert here.

Temporary concession

Sellers and suppliers of freshly prepared beverages whose revenues did not exceed SGD 1 million in the latest financial year and who supply such beverages to fewer than 10 food premises will initially be exempted from implementing these measures. This exemption will be reviewed and adjusted over time.

Penalties

Non-compliance with ‘Nutri-Grade’ labelling requirements in relation to prepacked beverages is an offense punishable with a fine of up to SGD 1,000 for the first offense, and a fine of up to SGD 2,000 in the second or subsequent conviction.

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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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