Teams selling food in both markets keep asking the same three things: is sensory testing required, which standards count, and what evidence does a taste claim need? The answers below take each in turn, with the rule or standard behind every point. This page is educational, not legal advice.
| Term | Meaning | Source |
|---|---|---|
| Substantiation | Evidence an advertiser holds before making a claim | FTC policy statement[1] |
| Sensory profile | Quantified description of a product’s attributes by trained assessors | ISO 13299[2] |
| Hedonic test | Consumer test of how much people like a product | ISO 11136[3] |
| Union list | EU list of flavouring substances authorised for use in food | Regulation 872/2012[4] |
| GRAS | “Generally recognised as safe”: a US route for a substance to be used in food without food additive approval | 21 CFR 170.30[5] |
Short answer: no single law requires a sensory test as such. The duty is to sell food that is safe and fit to eat, and to describe it truthfully; sensory evidence is often how you show both.
In the EU, food may not be placed on the market if it is unsafe, which includes food unfit for human consumption, and its labelling and presentation must not mislead.[6] Food information must be accurate, clear and easy to understand.[7] In the US, food is adulterated if it consists of a filthy, putrid or decomposed substance or is otherwise unfit for food, and misbranded if its labelling is false or misleading in any particular.[8][9]
So the trigger is the claim or the risk, not a set test. Our guide to the sensory evaluation of food and our pillar on designing a sensory study explain how to choose the right method once you know what you need to prove.
Short answer: ISO sensory standards are used in both markets, and ASTM Committee E18 publishes sensory standards widely used in the US. All are voluntary: they govern how a test is run, not which claims are lawful.[10]
| Purpose | Standard | Use |
|---|---|---|
| Sensory profile | ISO 13299:2016[2] | Trained-panel description |
| General methodology | ISO 6658:2017[11] | Choosing and designing tests |
| Assessor selection | ISO 8586:2023[12] | Screening and training assessors |
| Hedonic testing | ISO 11136:2014[3] | Consumer liking in a controlled area |
| Triangle test | ISO 4120:2021[13] | Difference and similarity testing |
| Claim substantiation | ISO 20784:2021[14] | Evidence for sensory and consumer claims |
Following a standard does not make a claim lawful, but it makes the evidence easier to defend if a regulator, retailer or competitor challenges it.
Short answer: with evidence that matches the exact claim, held before the claim is made. In the US, the FTC expects a reasonable basis for objective advertising claims; in the EU, claims must not mislead the average consumer.[1][15]
A claim such as “tastes better than Brand X” is comparative. In the EU, comparative advertising is allowed only if it objectively compares material, relevant, verifiable and representative features, among other conditions.[16] On the label itself, US and EU food law also bars false or misleading statements.[9][7]
ISO 20784 gives guidance on designing the evidence: the right consumers, the right comparison product, blind presentation and a pre-set analysis.[14] A consumer preference study only supports a preference claim among the population it tested, so recruit in the market where the claim will run.
For a worked study design with a benchmark and decision rule, see our flavour validation worked example.
Short answer: not as a method. The FDA does not prescribe how a company runs a sensory panel for its own foods. Its labelling, flavour and adulteration rules create the need for sensory evidence instead.
For example, if a label or picture suggests a characterising flavour, such as strawberry or chilli, the FDA’s flavour labelling rule decides how the name must describe it, including whether the flavour is natural or artificial.[17] A sensory check confirms the product actually delivers the flavour the name promises. And because decomposed or unfit food is adulterated, an off-odour found in quality checks is a regulatory matter, not just a quality one.[8] Our article on off-odour and taint recalls shows how that plays out.
Short answer: not for a company’s own sensory evidence in general. In the EU, accreditation to EN ISO/IEC 17025 is required for laboratories designated to carry out official controls, not for every test a food business runs.[18]
Retailers and buyers may still ask for an accredited or audited laboratory, and an accredited partner makes evidence easier to defend. Whoever runs the test, record how assessors were recruited and screened, the method, the serving plan and the analysis, so the work can be audited later.[12][11]
Short answer: in the EU, date marking is a mandatory particular for most prepacked foods: a “use by” date for microbiologically highly perishable food and a “best before” date otherwise, with listed exemptions. In the US, federal regulations require a date only on infant formula.[7][19]
Neither market tells you how to set the date; the food business is responsible for it. Shelf-life studies usually combine microbiological, chemical and sensory end-points, and for a “best before” date the sensory end-point, the point at which quality is no longer acceptable, often decides the date. In the US, some states have their own dating rules, so check the states you sell in.[19]
Our guide to real-time and accelerated shelf-life testing explains how sensory end-points are built into a shelf-life study.
Short answer: the test methods are the same; the rules that frame the result are not. One study design can serve both markets, but claim rules, flavour wording, date marking and ingredient routes differ, so findings must be framed separately for each.
| Topic | United States | European Union |
|---|---|---|
| Claim evidence | Reasonable basis held before the claim (FTC)[1] | Not misleading; comparative claims must be verifiable[15][16] |
| Flavour wording | 21 CFR 101.22[17] | Regulation 1334/2008[20] |
| Date marking | Federal requirement for infant formula only[19] | “Use by” or “best before” on most prepacked foods[7] |
| Ingredient route | GRAS or food additive approval[5] | Union list; novel food authorisation[4][21] |
The flavour wording row is where most labels go wrong: our comparison of natural flavour labelling under FDA and EU rules sets the two side by side, and our explainer on what natural flavors are under FDA rules covers the US definition.
Short answer: they can. In the EU, a food or ingredient not used for human consumption to a significant degree in the EU before 15 May 1997 is a novel food and needs authorisation before sale.[21] In the US, a substance added to food must be GRAS or an approved food additive.[5]
Any health claim made for the botanical is a separate question: in the EU, health claims must comply with the nutrition and health claims regulation, which allows authorised claims and claims covered by its transitional measures.[22] Check the ingredient’s status before concept testing, so consumers are not asked to rate a product that cannot be sold. Our flavour trends 2026 analysis covers which botanicals are trending.
Short answer: not as its legal name on its own. In the EU, honey sold as honey may not have any food ingredient added, so a honey with chilli needs a name that describes the product accurately, such as “honey with chilli”.[23][7]
In the US, a non-standardised food needs a common or usual name that describes its basic nature and characterising properties.[24] FDA guidance on honey says a honey with an added flavour should carry a name that describes it, giving “raspberry-flavored honey” as an example, with every ingredient listed.[25] The same logic points to a descriptive name for a chilli-infused honey, with “hot honey” used as a descriptor alongside it.
Test the name with consumers as well: a name is also a claim, and consumers must understand what they are buying.
Short answer: in the EU, flavouring substances are evaluated by EFSA, and only those on the Union list may be used in food.[20][4] In the US, synthetic flavouring substances permitted as food additives are listed in 21 CFR 172.515, and many natural flavour sources are listed as GRAS.[26][27]
Other flavour substances reach the US market through GRAS conclusions or food additive approval.[5] Sensory testing does not decide safety in either market: a flavour must be legal to use before it is tested on consumers.
Most sensory questions we see from brands selling in both markets are not about whether to test but about framing: one study, two sets of claim rules. FRL’s sensory research and analytics team designs a single sensory study for the US and EU, with separate consumer groups in each market, and runs or arranges the panel and consumer testing through accredited partner laboratories and local fieldwork partners.
Our regulatory and scientific research team reviews the label name, flavour wording and claim evidence for each market, and our new food product development team reformulates where the sensory results say it should. FRL works from Chennai, India. Contact our team with your product, markets and the claims you want to make.
No. ISO sensory standards such as ISO 13299, ISO 11136 and ISO 4120 are voluntary. No US or EU food law requires them for a company’s own testing. They matter because they are recognised good practice, which makes sensory evidence easier to defend if a regulator, retailer or competitor challenges a claim.
No. EFSA gives scientific opinions on health claims and evaluates the safety of flavouring substances, but it does not approve taste claims such as “creamier” or “tastes better”. In the EU, those claims fall under the general rules that food information and commercial practices must not mislead consumers.
Usually not on its own. A preference result describes the consumers who were tested, so an EU claim is best supported by EU consumers. Design one study, recruit separate groups in each market and analyse them separately. The same protocol then supports claim wording in both markets.
The law does not name a method, but the food business is responsible for the date it sets. For many shelf-stable foods, quality, not safety, ends shelf life first, so a sensory end-point, the point at which the product is no longer acceptable, is often what sets the best-before date.
No FDA approval is needed to run a consumer taste test of a lawful food. What matters is that every ingredient is permitted, as GRAS or an approved food additive, and that the product is safe to serve. Check ingredient status before testing, especially for novel botanicals or new flavouring substances.
Yes. FRL works from Chennai, India, and designs one sensory study for both markets, with separate consumer groups in each. Panel and consumer testing is run or arranged through accredited partner laboratories and local fieldwork partners, and FRL’s regulatory team frames the results for each market’s claim and labelling rules.