The Turmeric Co is battling with the FSA over whether its Raw Turmeric & Ashwagandha Shot should be classified as a novel food.
Earlier this month, The Turmeric Co was contacted by local Trading Standards over the use of ashwagandha. The trading standards officer said they’d contacted the FSA over the shot – which launched into Holland & Barrett and Sainsbury’s at the start of the year – and recommended that it be withdrawn from sale pending further investigation. However they did not insist the brand do so.
Ashwagandha, also known as Withania somnifera, is a herb prevalent across parts of Asia and Africa and is approved in the UK as a supplement. However, the FSA started a consultation in July on its use as a food and drink ingredient, amid growing interest in its claimed benefits for health and focus.
There is currently no established limit for its use in food products, and the consultation aims to address concerns that in higher doses the product could pose a risk to some consumers, for example pregnant women.
The query raised by a Cambridge and Peterborough Trading Standards officer relates to the preparation and use of ashwagandha in Turmeric Co’s product, rather than any specific concern with food safety. The officer queried whether the product constitutes a fortified food because ashwagandha is added to a mixture of fruit juice – and, therefore, whether it falls under the definition of a novel food, requiring additional authorisation to be sold to consumers.
The Turmeric Co is arguing that ashwagandha does not constitute a novel food, and has submitted evidence to the FSA. It is currently awaiting a response.
Not a novel food
On 13 November, Turmeric Co founder, the former international footballer Thomas Hal Robson-Kanu, wrote to customers notifying them of the ongoing inquiry.
He argued that the product was marketed as a “functional wellness beverage with benefits”, rather than fruit juice, and was recognised under VAT law as such.
A novel food is classified as an ingredient that has not been consumed in large quantities in the UK and the EU before 15 May 1997. Robson-Kanu argues that ashwagandha has been widely consumed for centuries by cultures in Africa and Asia and therefore its use in food cannot be considered novel.
“Our product is inspired by generations of wellness practices,” said Robson-Kanu. “The ashwagandha used in our shots is prepared as a non-concentrated aqueous infusion, a method that respects the plant’s natural balance and properties and aligns with traditional uses seen across cultures for centuries.
“We stand firmly by our position that our Raw Turmeric & Ashwagandha Shot is not a novel food, and are fully prepared to share extensive evidence with the FSA to support this,” he added.
“Chia seeds, kombucha and goji berries have all had their novel food classification questioned in the past. However these are all century-old foods, as is ashwagandha.”
The Raw Turmeric & Ashwagandha shot, which is sold in 60ml shot format and 420ml bottles, is the only Turmeric Co product affected, and remains on sale.
The supplier also sells a range of electrolyte drinks called Raw Hydrate, and contract-manufactures lines for Sainsbury’s own-label Kitchen Deli range, alongside its range of turmeric-based shots.
Other suppliers could be affected
If the FSA were to enforce that ashwagandha is a novel food, it would set “a significant precedent to the market” that could impact other producers who use the herb in their products, Robson-Kanu told The Grocer.
“It’s going to be a significant position from them, meaning that we would have to withdraw all of the product from market with immediate effect,” he added. The company has sold more than 180,000 bottles since the line launched.
“Our priority is to support consumers by offering natural, effective products that respect both regulatory standards and traditional practices.
“We appreciate the FSA’s role in maintaining consumer safety and are confident that this open dialogue will result in a positive outcome that aligns with our shared commitment to health and wellness.”
The FSA tconfirmed that it had been contacted by the local authority, but declined to comment further,.
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