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A dress rehearsal for an impending lawsuit in this country over a baby formula has begun in Australia where the makers of the Karicare Gold Care Plus range face a range of charges.
The New South Wales Food Authority has issued a criminal summons against Nutricia and has sought leave from that state's Supreme Court to prosecute the company for breaching food regulations. The case was brought on Friday and is still being heard.
Last week, the New Zealand Food Safety Authority recommended parents to wean their children off Nutricia's Karicare Gold Plus range of infant formulas because it contained an unapproved substance, inulin.
While inulin, a naturally occurring sugar, is not believed to be harmful, it has not been subjected to required food safety tests in Australasia. It was approved for use in baby formulas in the European Union in 2001 but only after an extensive study and follow-up testing.
Nutricia is adamant it has not breached Australian or New Zealand standards and has launched an extensive advertising campaign defending the Karicare Gold Plus range.
"As a mother of two children, I can appreciate the concern that this might raise with parents and caregivers," Nutricia managing director Toni Brendish said.
"On behalf of Nutricia, I personally want to reassure parents that we, and international food authorities, remain absolutely confident in the safety of our infant formulas."
While inulin is added to many brands of bread, yoghurt, cereal and other foods, food authorities on both sides of the Tasman argue different standards apply to infant products, and they must be individually tested.
A case to establish inulin's status is expected to be heard in the New Zealand High Court soon.
The NSW authority has called on Nutricia to withdraw its products voluntarily while safety is assessed.
The authority said it did not believe there were safety concerns but was taking the action because the substances in the product had not been approved for safety.