FROM CRISPS AND sauces to the ham in your sandwich at lunch, ingredients used to give food a smoky taste are being phased out across the European Union.

The changes have been brought back into focus after Kerry Inc. lost a legal challenge on Wednesday against the European Commission’s refusal to renew authorisations for three of its smoke flavouring products.

For shoppers, the impact depends on what is in their basket: the deadline for most foods, including crisps and sauces, has already passed, while meat, cheese and certain fish products have until July 2029 to change ingredients.

So what’s being removed, and does it mean the end of smoky bacon crisps?

What has the EU banned?

The restrictions concern smoke flavouring ingredients made by condensing and purifying wood smoke, which can then be added to food to give it a smoked taste.

They’re used as an alternative to smoking meat, fish or cheese directly, or added to foods such as snacks, soups and sauces.

In July 2024, the European Commission refused to renew authorisations for eight smoke flavouring primary products made from condensed and purified wood smoke following assessments by the European Food Safety Authority (EFSA).

Authorisations for another two had already expired after no renewal applications were submitted.

The new rules phase out those ingredients, but foods can still have a smoky taste, provided the ingredients and production methods used comply with the new laws.

Which foods are affected?

For shoppers in Ireland, the relevant products could include smoky bacon crisps, barbecue sauces, smoke-flavoured snacks, smoked ham, rashers, processed meats and some cheeses and fish products.

However, whether a particular product needs to change depends on its recipe and how its smoky flavour is produced.

A ham containing one of the affected smoke flavourings falls within the phase-out. A ham smoked using traditional methods is not covered by this particular restriction.

Likewise, a packet labelled “smoky bacon” does not, by itself, establish that it contains one of the affected ingredients.

When do the changes happen?

There are two main deadlines, one of which has already passed:

• 1 July 2026: The deadline for placing foods containing the affected flavourings on the market in most categories, including crisps, snacks, soups and sauces
• 1 July 2029: The deadline for cheese and cheese products, meat, processed fish and fishery products

Foods lawfully placed on the market before the 2029 deadline can remain on sale until their best-before or use-by date.

That means Wednesday’s court ruling did not trigger an immediate removal of products from supermarket shelves. It left the existing phase-out in place.

Why are the flavourings being removed?

The EU’s concerns centre on ‘genotoxicity’ of the flavourings, meaning the potential to damage genetic material, which can increase the risk of cancer.

In the case of Kerry’s products, EFSA identified concerns about certain components and found estimated exposure to two substances exceeded the “applicable threshold of toxicological concern”.

The court said companies seeking authorisation had to demonstrate that their products did not present a risk to human health.

Where does Kerry come into it?

The case was brought by Kerry Group subsidiaries Kerry Inc. and Kerry Ingredients (UK) Ltd, which market three smoke flavouring primary products.

They challenged the Commission’s decisions, including its reliance on EFSA’s scientific assessment.

Kerry also argued that removing the flavourings could encourage a return to traditional food smoking, which it considered more harmful to health. The company also raised economic and environmental objections.

The Court dismissed the challenge in its entirety on Wednesday.

It found that a return to traditional smoking had not been demonstrated and that transition periods gave businesses time to adapt.

Will smoky bacon crisps disappear?

The rules do not ban smoky bacon crisps as a product, but they do mean that manufacturers using the affected ingredients will have to change their recipes or production methods to comply.

Whether that changes the taste of a particular brand is unknown.

Shoppers buying other smoky ingredients may end up having to buy familiar products made with different recipes.

For producers of ham, rashers and other affected meat products, the next major deadline is 1 July 2029.