Question 3 (fiction!)

Yuka (https://yuka.io/en/) gives cold sweats to many sectors of the food industry. This is particularly the case in the confectionery industry, which is a heavy user of additives of all kinds (sweeteners, colouring agents, flavoring agents, emulsifiers, gelling agents, stabilizing agents and pH controlling acidulates and salts). As a result, the vast majority of confectionery products are rated "high risk" (red dot) on Yuka. Manufacturers have therefore decided to react to this situation to counterbalance the terrible "Yuka effect" on the sale of their products (Yuka says that at least 90% of its users stopped buying products with controversial additives, according to an impact study they conducted with more than 200,000 users). Founded in Paris in 1957 by representatives of confectionery manufacturing firms, the European Confectionery Manufacturers Association (ECMA) is the most respected professional association in this sector: with 15 member National Associations as well as direct member companies and affiliated members, ECMA is the voice of confectionery manufacturers all over Europe. Its mission is to shape a favorable environment to ensure a sustainable and innovative confectionery industry. In January 2020, an agreement amongst most of ECMA members was concluded. This agreement, based on the participants' voluntary initiative, is designed to promote additives that are commonly known to be safe. Taking into account the recommendations of the EFSA, ANSES and the IARC, they have decided to reduce their use of the most controversial additives, especially those reported for their potentially harmful effects on health, including causing cancer. To achieve this objective, participants, which represent in excess of 90% of the EU market, have decided to remove 50 food additives by the end of 2020, changing more than 500 confectionery recipes in the process. As a consequence, they willstop using and importing into the EU the targeted additives (mainly chemical preservatives, flavorings and thickening agents); in other words, they collectively decided to restrict their freedom to manufacture confectionery containing the ingredients known to be potentially dangerous. "Through this global quality improvement plan, we have worked to best meet consumers expectations and as quickly as possible", stated ECMA's spokesperson. On the occasion of the ECMA initiative, regular meetings are organized in Brussels between all the participants.

What advice will you give regarding the legality of the ECMA initiative, as well as the legal risks linked to the fact that competitors meet regularly?