ALERT! 'Superfood' Moringa a prohibited novel food

Food Standards Australia New Zealand (FSANZ) has just rejected the most recent application for approval of Moringa for sale as food. Moringa remains classified as a prohibited “novel food” and cannot be sold in Australia as food or imported for that purpose. Novel foods are judged to be unsafe for human consumption and cannot be sold as or in food in Australia – penalties and other liabilities may be incurred ifyour business does not comply.

There are a range of products already in market containing Moringa, which is commonly marketed internationally as a “superfood” containing essential amino acids and other nutrients. Though Moringa has been classified as a prohibited novel food for some time, this compliance issue has recently gained some publicity and suppliers may be realising only now that they are selling unlawful food products. However, it is important to note that Moringa is not completely barred from sale in Australia; a viable pathway to market still exists for goods containing Moringa that are sold as compliant complementary (listed) medicines and/or as cosmetics (depending on application). Additional pathways may exist for some imported foods. Suppliers needing support to understand their options and the requirements applicable to sale in Australia should contact our UC Food and UC Health teams at contact@universalcounsel.com.au.

To get you started, in this blog we will look at what Moringa is, why is it treated as a novel food, and what practical steps suppliers may need to take to stay trading (on the right side of the law!).

What is Moringa?

Moringa Oleifera, known commonly as Moringa, “Miracle tree”, “Drumstick tree”, “Malunggay” or “horseradishtree” is a tree of the family Moringaceae, which grows native to northern India and is used extensively in South and Southeast Asian (Ayurvedic) traditional medicine practices. The leaves, bark, and seeds of the tree may be dried, ground, or used to extract oils sold in teas and other blends for oral consumption or topical application. It is primarily believed to have value as a nutrient rich supplement and for purported antioxidant/anti-inflammatory properties.

Why is Moringa considered an ‘unsafe’ novelfood?

FSANZ defines novel foods as ‘non-traditional foods’ that require a safety assessment by FSANZ prior to the food being sold as a food in Australia and New Zealand. Generally, if a substance has a history of consumption as food in Australia or New Zealand it will be considered a traditional food and will not be classed as a novel food on that basis. Although Moringa has been consumed in accordance with Ayurvedic traditions in other countries, FSANZ is not satisfied that there was a history of consumption as food in Australia or New Zealand.

Moringa leaf was first assessed by FSANZ and classified as a novel food in 2009 due to potential pharmacological (therapeutic) effects and a lack of safety data. The seed and fruit were first assessed in 2012 and classified as novel foods due to the “potential foradverse effects in humans” and a lack of safety data.  

In most recent Application A1294, FSANZ again assessed an application to amend the Australia New Zealand Food Standards Code to permit the following Moringa Oleifera products as food or food ingredients:

·      Fresh and dried moringa leaf;

·      Immature dried green pods; and

·      Oil from the seed.

FSANZ rejected the application in November 2025 as concerns had been noted regarding potential harmful effects of Moringa and available evidence still does not satisfy the safety assessment requirements for sale as food under the Food Standards Code.

Some reports suggest that Moringa root, bark, seeds and/or flowers may be toxic or have sub-toxic adverse effects on the human body at high concentrations or volumes, particularly where the product is highly processed, and that the toxic effect may be cumulative from repeated/regular consumption. Further, as with Ashwagandha, there is an indication that consumption may cause or increase the risk of miscarriage in pregnant women given the traditional medicinal use as an abortifacient(potentially causing uterine contractions).  

Moringa is not currently listed on the Poisons Standard, which means it is not required to be sold in Australia only as a medicine. Moringa is, separately, a permissible ingredient for use in complementary (listed) medicines per the TGA Permissible Ingredients Determination, which means it can be sold as a medicine. This does not automatically indicate that Moringa is safe for general consumption but it is important to note that Moringa is not deemed to be so high risk that is considered a poison, or a medicine that may be sold only as a more restricted registered/assessed medicine (or used in listed medicine only subject toconditions/warnings, like those that apply to Ashwagandha and even Vitamin B6.  

How does this impact your business?

Foods containing Moringa cannot be lawfully sold in Australia (except, in limited circumstances, if imported into Australia via a specific pathway) and should now be withdrawn from market or listed as medicines under the TGA. Businesses wishing to market foods containing Moringa in Australia must otherwise first obtain a satisfactory safety assessment from FSANZ, which requires that at least one applicant provide convincing evidence in support of the safe consumption of Moringa in/as food. Even then, permission for the sale of novel foods may be granted subject to conditions including volume limits and form restrictions as well as potential mandatory warnings or advisory statements.

If you currently have a product that contains Moringa or are thinking of putting a new product on the market containing herbal or medicinal substances, contact UC F&B today to discuss how we can ensure your business is compliant with all applicable regulations.

NEXT STEPS

At Universal Counsel, our F&B and Health & Beauty experts can provide a comprehensive evaluation for clients covering not only whether ingredients are currently permitted under the Food Standards Code, and whether there are potential concerns about safety, but also your options for bringing a product with those ingredients to market on a low-risk/compliant basis (whether as a food or medicine).

If you are considering including a nutritive substance or substance used in traditional/herbal medicine in one of your products, please download our Permissions Pathways Flowchart, which outlines how we get from idea to execution in being able to add a substance and also being able to talk about what that substance does. 

Universal Counsel can help your business with:

-           Product labelling and collateral compliance reviews.

-           Ingredient safety and compliance analysis includingprocuring scientific toxicology studies.

-           Strategic path to market advice for businesses operating in the food-medicine interface, specialising in functional foods and complementary medicines.

-           Claims strategy and compliance tools and solutions.

-           Training and pre-recorded webinars to help you DIY assess your products and what further supports may be of value.

Contact the UC F&B team today: food@universalcounsel.com.au

Contact the UC Health & Beauty team today: health@universalcounsel.com.au