Novel Food Ingredients: Food Safety Law, Animal Testing, and Consumer Perspectives

In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which align with lack of necessity to use animal testing to protect consumer safety.

The Article presents reasons to change to more reliable non-animal tests, describes results of recent research on consumer perspectives, and identifies several avenues for reducing animal testing while improving food safety.