Ultra-processed foods (UPFs) are firmly integrated within modern diets, with factors such as convenience, store availability, cost, food waste and time impacting consumer purchase decisions. However, influences in media and government action have recently drawn attention to the potentially harmful impact of overconsuming UPFs. So, as interesting behavioural changes start to emerge for both consumers and retailers, we can look to the future to see how this shift might influence intellectual property.
What are ultra-processed foods?
Understanding the chemistry behind UPFs is crucial in understanding both sides, and the reason to their great popularity. Food groups can be divided into four groups, referenced as the NOVA classification: Unprocessed or minimally processed foods, Processed culinary ingredients, Processed foods, and Ultra-processed food and drink products.
From a manufacturing perspective, such ingredients that are included in UPFs (e.g. preservatives, antioxidants and fats) are often to increase the flavour and appearance to the consumer, whilst simultaneously decreasing costs and minimising waste. A common differentiating factor is that they often contain ingredients that would not be utilised in home cooking, and therefore are not as recognisable to the consumer.
So, why now?
The apprehension is that the overconsumption of UPFs has been found to be associated with a higher risk of adverse health outcomes, a finding that has become a hot topic of conversation. Government action, following the outline of ‘Towards a Good Food Cycle’ on July 15, popular publications, trending social media content, and daily news articles have all contributed to the increased awareness of these potential consequences, instigating consumers to reflect on their dietary decisions.
Consequently, some manufacturers are now following this trend within their food production strategy, attempting to cut down on the ingredients list to demonstrate themselves as a healthier, more transparent choice. A current example is the ‘Only…ingredients’ range from popular high street shop Marks & Spencers, which aims to highlight the simplicity of ingredients in their products, exemplified best by their famous cornflakes which solely contain corn.
For those trying to restrict their diet, either due to medical needs such as allergies or for personal preference, this transparency can be a good thing that was not always easily available in the past.
However, advocates of this practice as a general improvement have faced criticism for misinforming the public on the reality of food nutrition. In some cases, extra vitamins or supplements can be a positive addition to the nutritional value of a product. Innovation and sustainability director of vegan food brand THIS expressed his frustration regarding this misunderstanding, arguing that whilst their products are categorised as UPFs, this diminishes other benefits of their products (based on nutritional properties such as protein and fibre levels, and limiting saturated fat and sugar).
How might this impact IP?
The initial assumption might be that technical innovation within the food and beverage industry might be reduced, as producers interested in this trend attempt to strip back their recipes and reduce the ingredient list on their products, and, at least by appearance, avoid the use of “technology” in their food products.
However, the technical challenges in trying to maintain desirable properties in food products (such as, texture, flavour, shelf life, etc.) whilst limiting ingredients is, and will be, technically challenging. This may require different processes to be developed, or inventive ways to combine fewer ingredients to achieve the desired function and a comparable or improved product. It is within these processes and formulations used in the manufacturing of food that innovation can emerge, as the processes themselves may become more crucial in achieving comparable results whilst minimising ingredients. Whenever investment in technical innovation is used to provide new and advantageous products, this opens the door to obtaining patent protection for such innovations, and so IP protection can play a crucial role in staying ahead of competitors and adding value to a business.
This is not to suggest that the majority of food products will follow this path, as for many consumers and manufacturers this is not an influencing factor above cost or properties of the product. Instead, there could be a developing space for additional innovation in the sector which could influence IP trends in the future.
Our attorneys at Mathys & Squire have extensive experience protecting food-related innovations and assisting companies in carving out an advantageous position in the highly competitive food industry. If you would like to find out more or reach out, visit our food-specific sector page.
