The gut health revolution: Navigating the regulatory landscape for fibre and functional foods

The functional foods market is experiencing unprecedented growth, with products related to gut health leading the charge.

Consumer demand for fibre-enriched and probiotic products has surged as consumers are increasingly exploring emotional and mental aspects of gut health. Industry analysts predict the global functional foods market will exceed £275bn by the end of 2025, with gut health products representing one of the fastest-growing segments.

This boom is driven by evolving consumer preferences towards preventative health and natural wellness solutions. From high-fibre breakfast cereals and prebiotic yoghurts to kombucha and fermented foods, manufacturers are racing to meet demand. However, this rapid innovation brings significant regulatory challenges that food and drink businesses must navigate carefully.

The regulatory framework

Despite Brexit, the UK framework remains similar to the EU. With nutrition and health claims relating to fibre and gut health being regulated under Assimilated Law (namely the Nutrition and Health Claims Regulation). This has specific requirements around permissibility and substantiation of health and nutrition claims made on foods. Manufacturers cannot simply claim products will have a beneficial effect on health without being on the list of authorised health claims.

Evidence needs to be held showing the product meets the conditions of use of the claim. General claims such as “support digestive health” need to be accompanied by a specific authorised claim and reference to the amount of fibre needs to be in line with the conditions set out for the relevant nutrition claim.

Food businesses must also ensure compliance with broader regulatory requirements including food safety, hygiene, and labelling obligations. Labelling requirements are particularly critical, including the indelibility and legibility of information, placement of allergen details, and compliance with mandatory requirements under the Food Information to Consumers Regulation (Assimilated Law).

For products containing novel ingredients (which would include any products which were not being eaten in the UK or EU before May 1997) authorisation will be necessary under the Assimilated Law Regulation on Novel Foods before they can be placed on the market. This is a time-consuming and technically demanding process. The first thing that manufacturers must prove is that based on available scientific evidence, the food doesn’t pose a safety risk to human health. 

Depending on product composition, even businesses focussing on fibre may need to navigate restrictions on promoting products defined as "less healthy foods" and ongoing restrictions for foods high in fat, salt or sugar (HFSS), which can impact marketing strategies for certain functional food products.

Legal hooks for manufacturers

The regulatory landscape presents both risks and opportunities. Expert regulatory advice helps clients make sense of compliance issues whilst maximising opportunities and avoiding the reputational risks of product recalls or quality issues. 

Browne Jacobson's expertise

Browne Jacobson acts for major players in the food and drink industry in the UK, Ireland and internationally, with specialist sector knowledge from experience advising clients from farm to table, including listed multinational food and drink manufacturers, national retailers, and supplement suppliers.

With top tier rankings in Legal 500 and Chambers across multiple specialisms, the firm is fully equipped to handle regulatory issues and provide practical, cost-effective solutions. The team provides advisory support on regulatory compliance and can mobilise at very short notice to assist clients dealing with regulatory investigations, providing on-the-ground support when it's most needed.

If you’re exploring the high fibre product market, partnering with experienced legal advisers ensures your innovation reaches consumers compliantly and successfully.