Viral Food Trends vs Australian Food Labelling Laws

Viral Food Trends vs Australian Food Labelling Laws

This article is for food brands, dessert bars, cafés, ghost kitchens, Instagram‑first food businesses, and the marketers and influencers who promote them across Australia. It will also help anyone asking questions like “Can I legally call my product ‘ice cream’ online in Australia?” or “What are the food labelling laws for Instagram marketing in Australia?”.

How food law works in Australia

In Australia, food law works as a bit of a “stack”. At the top, the Australia New Zealand Food Standards Code sets national rules about ingredients, allergens, labelling and what you can call certain foods (for example, “ice cream”). Each state and territory then picks up that Code through its own Food Act and regulations (such as the NSW Food Regulation 2025), with local councils and state agencies doing the on‑the‑ground enforcement for shops, cafés and manufacturers. Sitting alongside all of that is the Australian Consumer Law, which applies Australia‑wide and bans misleading or deceptive conduct in marketing – including what you say on websites, delivery apps, Instagram and TikTok.

Reserved food names and “ice cream”

In Australia, what you call a food is not just marketing – for certain products, it is a legal promise backed by the Food Standards Code. Some foods, including “ice cream”, have precise legal definitions: if you sell something as “ice cream” at the point of sale, it has to meet minimum milk‑fat and solids requirements under Standard 2.5.6 of the Code, which is then enforced through state food laws such as the NSW Food Act and Food Regulation. If your label, menu or in‑store signage uses that reserved name for a product that does not meet the definition, regulators can treat that as a straightforward compliance issue.

Food labels vs Instagram

The Code is highly prescriptive about what must appear on a food label and what you can call a product when it is sold using that name. Inspectors and councils still work off very practical tools – label checks, menu reviews and in‑store observations – so most enforcement activity is aimed squarely at what a consumer sees on the shelf, on the pack or on a physical menu. The problem is that the law has not fully caught up with the way food is now discovered and sold online, where brands can build entire followings on Instagram, TikTok or their own websites long before a customer ever sees the physical label.

New rules for food sold online

Regulators are now trying to close that gap. The national Food Regulation Standing Committee, with input from Food Standards Australia New Zealand and state regulators, is consulting on a draft policy guideline about information requirements for pre‑packaged food sold online. The draft guideline says that when such food is sold online, consumers should generally see the same “food safety, nutrition and informed choice” information they would find on the physical label – such as name/description, ingredients, allergens, nutrition information and country of origin – with limited exceptions for variable details like date marks and lot numbers.

Is Instagram a free‑for‑all?

Even though the Code does not yet spell out every online requirement, the Australian Consumer Law still applies to all advertising and digital marketing. Under the ACL, businesses must not engage in misleading or deceptive conduct in trade or commerce, so playful product names and viral Reels are fine – until a reserved food term is used in a way that misleads consumers or slips outside the strict definitions in the Code. If the overall impression is that someone is buying a conventional dairy‑based ice cream (or another regulated food) when in fact they are not, there is at least an arguable ACL issue, especially where the difference matters to allergies, dietary choices or perceived value.​

Viral trends that test the rules

Social media is full of borderline examples: frozen desserts labelled creatively but called “ice cream” in Reels; high‑protein bowls based on cottage cheese that look and are described like traditional ice cream; or “keto” and “low‑carb” snacks pushed heavily online that, on closer inspection, contain surprisingly high levels of sugar or carbohydrates. There are also “glow bowls” and smoothies marketed as skin‑boosting, gut‑friendly or collagen‑rich without clear, matching detail in the ingredients list or nutrition panel. Many of these trends are harmless fun, but some begin to blur the line between creative branding and regulated naming, especially when they lean on technically defined food terms or stray into nutrition and health claims.​

From a broader industry perspective, the risk is not about one quirky dessert or one over‑hyped drink. It is about normalising loose use of technically defined food terms online, which, if left unchecked, can slowly erode the clarity those reserved names are meant to give consumers. The rules still say you can only call something “ice cream” (or any other reserved food name) if it actually meets the legal standard, and regulators still mainly check that on labels, menus and in‑store. At the same time, the online environment encourages brands and influencers to stretch those names for attention and viral reach, which is exactly why the FRSC’s online‑food policy work – and closer ACL scrutiny of digital marketing – is becoming more important.​

The current consultation is asking a very practical question: when food is sold online, what information should consumers see before they click “add to cart”, and how closely should that mirror what is required on a physical label under the Food Standards Code. The draft policy guideline suggests that key “informed choice” details – such as ingredients, allergens, nutrition information, and country of origin – should be displayed clearly in online listings for pre‑packaged foods, so that someone shopping on their phone in Sydney or Melbourne gets essentially the same protection as someone standing in a supermarket aisle reading a pack.​

At the same time, the existing law has not gone away. Businesses still need to comply with the Food Standards Code for things like mandatory warnings, allergen declarations and composition, and with state food Acts that adopt and enforce that Code. They also need to comply with the Australian Consumer Law, which prohibits misleading or deceptive conduct in trade or commerce and applies to product pages, sponsored posts, influencer content and other digital marketing. For example, if a brand in Melbourne sells a bottled drink that is high in sugar but promotes it across Instagram and its website as a “gut‑friendly probiotic tonic” without meeting the nutrition content and health claim rules in the Code, and without clearly showing the sugar content online, both food‑standards and ACL issues can arise.​

This becomes especially interesting with fast‑moving social‑media trends.

Imagine a café chain launching a “Glow Bowl” that is heavily promoted on TikTok as a skin‑boosting, collagen‑rich breakfast, but the actual in‑store menu just calls it a “fruit and granola bowl” and the recipe contains no collagen or special nutrients.

The law will look at the name and ingredients for labelling compliance, but the TikTok and Instagram claims can still be challenged as misleading if they create a false impression.

Or consider a snack company selling “keto chips” online to an Australia‑wide audience: if the nutrition panel (which should be available online under the emerging policy) shows a high carbohydrate content, and the “keto” label is a major selling point, that inconsistency may prompt complaints or regulator interest even if the physical pack technically complies with current minimum labelling rules.

For further details, the NSW Food Authority has provided a summary and link to the public consultation on this topic here: NSW Food Authority – Feedback sought on policy guideline for food sold online.

Practical steps for Australian food businesses

If you are wondering “What are the food labelling laws for Instagram marketing in Australia?”, some practical steps are:

Know your reserved names. Check the Food Standards Code, or seek advice, before using terms like “ice cream”, “yoghurt” or similar defined foods at the point of sale, including on packaging, menus and delivery‑app listings.​

Align labels and menus with the Code. Make sure your product descriptions, ingredient lists and mandatory information match what the Code and state laws require, and keep an eye on updates signalled through consultations and Food Ministers’ communiqués.​

Stress‑test your online content under the ACL. Look at the overall impression a reasonable consumer would take from your website, socials and influencer posts, not just the fine print.​

Be honest about composition and nutrition. Avoid images or claims that suggest a product is something it is not, particularly where health, allergens or special diets are involved.

How our law firm can help

Sharon Givoni Consulting works with food brands, hospitality businesses and marketers across Melbourne, Sydney and Australia‑wide on these issues. The firm can:

• Review and develop compliant food labels, menus and naming conventions, including advice on reserved food terms and the Food Standards Code.
• Audit websites, Instagram/TikTok content and influencer campaigns for potential misleading‑conduct risks under the Australian Consumer Law, and suggest safer wording that still works creatively.
• Help you navigate regulatory change and enforcement, including responding to ACCC or food‑authority queries, consumer complaints, or media interest about food naming, labelling or online promotion.
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FAQs

Can I call my frozen dessert “ice cream” if it is mostly plant‑based?
Only if it meets the legal definition for “ice cream” in the Food Standards Code.

Do the Food Standards Code rules apply to Instagram and TikTok?
The Code currently focuses on labelling and sale, so food regulators look mainly at physical labels and menus, but your social‑media content is still covered by the Australian Consumer Law’s ban on misleading or deceptive conduct and false representations.

What is the Food Regulation Standing Committee’s online‑food consultation about?
It is about what information must be displayed when pre‑packaged food is sold online, with a proposal that key label information (like ingredients and allergens) should also appear on online listings.

Could a competitor complain about my online food marketing?
Yes. Competitors, consumer groups or regulators can raise concerns where online descriptions give a misleading impression or use food names in a way that breaches the standards or the ACL.

I am a small Melbourne café – do I really need to worry about this?
If you promote quirky products heavily online, it is worth a quick legal health‑check now.

How Sharon Givoni Consulting can help

Food labelling and naming checks. Reviewing product names, labels, menus and delivery‑app listings against the Food Standards Code and state laws for businesses in Melbourne, Sydney and Australia‑wide.​

Online and influencer marketing reviews. Auditing Instagram, TikTok and website content for potential misleading or deceptive conduct issues under the Australian Consumer Law and advising on safer wording.​

Regulatory and media response support. Assisting with regulator enquiries, consumer complaints or media questions about food naming, labelling or online promotion, and helping you update your materials so they stay compliant.

Trending “Insta‑foods” to watch

These are the kinds of playful products and descriptions that can raise interesting labelling and ACL questions:

• Cottage‑cheese‑based “ice cream” bowls and high‑protein dessert tubs.​
• Air‑fried “pasta chips” promoted as guilt‑free crisps.​
• “Glow bowls” and “skin‑boosting” smoothies with big wellness promises but vague ingredients.​
• “Keto” and “low‑carb” snacks that still pack a surprising amount of carbs or sugar.​
• Hybrid bakes like croffles and cronuts, borrowing the cachet of multiple classic desserts at once.​
• Swicy (sweet‑spicy) sauces and desserts – think chilli‑honey drizzles and hot‑honey sundaes.​
• “Gut‑friendly” soft drinks and tonics pushed as functional health products.​

These trends are great for clicks – but the closer your product name or claim comes to a technically defined food or regulated health message, the more important it is to sanity‑check the legal side.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.