Codex Discussions and Guidelines Considerations

Following stakeholder consultations, CCFL discussions, and revisions, the draft Guidelines on the Application of Food Labeling Provisions in Emergencies to be considered at CCFL49 would facilitate the proposal, review, implementation, monitoring, and conclusion of temporary labeling flexibilities during and after emergencies. The guidelines would apply to prepacked foods and non-retail containers of food.

General considerations outlined in the guidelines include:

• Emergencies are defined as temporary events disrupting food supply chains
• Flexibilities allow limited, risk-based deviations from labeling requirements to maintain supply without compromising safety
• Authorities should ensure that any flexibility does not compromise food safety, mislead consumers, or introduce allergens or health risks
• Flexibilities must be necessary, time-limited, and proportionate to the disruption
• Measures should avoid giving undue competitive advantage and be applied consistently across commodities
• Authorities should clearly communicate decisions to stakeholders and the public, including through international networks such as the World Health Organization’s (WHO’s) International Food Safety Authorities Network (INFOSAN)
• Implementation should be documented and monitored, with traceability maintained where possible
• Flexibilities should be withdrawn once the emergency ends, and their effectiveness should be evaluated to inform future preparedness.

Infant and Maternal Health Interest Groups Oppose Emergency Labeling Guidelines

The International Baby Food Action Network (IBFAN) and the European Network of Childbirth Associations (ENCA) have published their comments to Codex opposing the draft guidelines.

The groups assert that flexible labeling will put vulnerable populations experiencing food insecurity at risk and underline that few national governments have adequate emergency preparedness plans and safeguards.

According to the groups, the uncontrolled dissemination of inadequately labeled products is a health and safety risk, especially for infants and young children. For nonprofits and organizations working in emergency relief, flexible labelling can complicate the traceability and recall procedures of contaminated or unsafe food.

An example of such an incident occurred during the COVID-19 pandemic, when commercial formulas falsely claimed to provide immunity against infections. Subsequently, in Pakistan during the 2022 floods, formulas carrying misleading terminology such as “Recover” were donated and distributed for use by malnourished children. “Without the necessary safeguards and warnings, such distribution could worsen a child’s nutritional status and health and even lead to death,” IBFAN stated.

Emergencies Related to Infant Formula

In the last several years, the U.S. specifically has faced a nationwide shortage of infant formula precipitated by a Cronobacter contamination event resulting in the shutdown of a major domestic production facility, as well as a high-profile infant botulism outbreak caused by tainted ByHeart Nutrition-brand formula. During the infant formula shortage, the U.S. Food and Drug Administration (FDA) granted emergency enforcement discretion flexibilities, allowing businesses that do not typically sell infant formula in the country to do so.

At the global scale, in early 2026, a widespread recall of formulas produced by Nestlé, Danone, Lactalis Nutrition Santé, and other brands was caused by potential cereulide contamination due to tainted arachidonic acid (ARA) oil sourced from a common Chinese supplier. Notably, during this event, IBFAN and ENCA said that cereulide-contaminated formula was sent from Switzerland to Ukraine, the Gaza Strip, and the West Bank, underlining the complications that emergency labeling can cause nonprofits and relief organizations when unsafe food needs to be traced and recalled.