The Turmeric Co is disputing doubts raised by the Food Standard Agency over whether its Raw Turmeric & Ashwagandha Shot product should be classified as a novel food.
Earlier this month, The Turmeric Co was contacted by the FSA following a submission by local Trading Standards asking for more information from the brand. The agency advised that the product – which launched into Holland & Barrett and Sainsbury’s at the start of the year – be withdrawn from sale while it assessed the information. However, it did not mandate the brand to do so.
Ashwagandha, also known as Withania somnifera, is a herb prevalent across parts of Asia and Africa, and has long been used as a supplement due to its claimed benefits for health and focus.
The herb is approved for use in health supplements. However, following its increased use in British-made food and drink products over recent years, the FSA began a consultation in June on its use as an ingredient in food and beverages.
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. Trading Standards queried whether the product constitutes a fortified food because ashwagandha is added to a mixture of fruit juice – and, therefore, whether it falls under definition of a novel food, requiring additional authorisation to be sold to consumers.
Product is not ‘novel’
The Turmeric Co is arguing that ashwagandha does not constitute a novel food, and has submitted evidence to the FSA. It’s currently awaiting a response.
On 13 November, Turmeric Co founder the former international footballer Thomas Hal Robson-Kanu, wrote to the brand’s 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 so.
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,” Robson-Kanu said. “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. 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 ashwagandha shot, which is sold in 60ml shot format and 420ml bottles, is the only Turmeric Co product affected, and remains on sale.
The brand 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.
Outcome could affect other suppliers
If the FSA were to enforce ashwagandha as a novel food it would set “a significant precedent to the market” that could affect other producers who use ashwagandha 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,” Robson-Kanu said.
“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 has been approached for comment.
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