Draft Food Supplements Purity Criteria (Magnesium L threonate monohydrate) (England) Regulations 2026

The Committee consisted of the following Members:

Chair: †Sir Edward Leigh

† Argar, Edward (Melton and Syston) (Con)

† Bennett, Alison (Mid Sussex) (LD)

† Burton Sampson, David (Southend West and Leigh) (Lab)

† Coleman, Ben (Chelsea and Fulham) (Lab)

† Collier, Jacob (Burton and Uttoxeter) (Lab)

† Fenton Glynn, Josh (Calder Valley) (Lab)

† Foster, Mr Paul (South Ribble) (Lab)

† Hall, Sarah (Warrington South) (Lab/Co op)

† Hodgson, Mrs Sharon (Parliamentary Under Secretary of State for Health and Social Care)

† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)

† Long Bailey, Rebecca (Salford) (Lab)

Maguire, Helen (Epsom and Ewell) (LD)

† Morgan, Stephen (Lord Commissioner of His Majesty's Treasury)

† Reader, Mike (Northampton South) (Lab)

† Shastri Hurst, Dr Neil (Solihull West and Shirley) (Con)

† Stafford, Gregory (Farnham and Bordon) (Con)

† Yasin, Mohammad (Bedford) (Lab)

Ray Jerram, Lauren Kosky, Committee Clerks

† attended the Committee

Eighth Delegated Legislation Committee

Wednesday 10 June 2026

[Sir Edward Leigh in the Chair]

Draft Food Supplements Purity Criteria (Magnesium L threonate monohydrate) (England) Regulations 2026

I beg to move, That the Committee has considered the draft Food Supplements Purity Criteria (Magnesium L threonate monohydrate) (England) Regulations 2026.

It is a pleasure to serve under your chairmanship this afternoon, Sir Edward. Magnesium L threonate monohydrate—just to say it again—has recently been authorised as a novel food following a public consultation and safety assessment by the Food Standards Agency, which concluded that it is safe under the proposed conditions of use. The instrument sets the purity criteria—that is, the required safety and quality standards—for this form of the mineral magnesium to permit its use and sale in food supplements in England.

This statutory instrument is a routine and technical measure that ensures that food supplement regulations continue to operate effectively following the authorisation of novel substances for use in food supplements. The regulatory approach taken here is well established: where new substances are authorised, it is necessary to update the relevant legislation so that they can be used in practice and to ensure that clear and enforceable quality standards are in place.

Hon. Members will be aware that, under our existing legal framework, vitamins and minerals may be used in food supplements only if they are both listed in legislation and meet appropriate safety and quality standards. Magnesium itself is already a permitted mineral listed in legislation. However, different chemical forms of that mineral must also be specifically listed before they can be used.

A related statutory instrument, the Nutrition (Amendment etc.) (EU Exit) (Amendment) Regulations 2026, already laid under the negative procedure, adds this substance to the list of permitted forms of magnesium. However, for food supplements containing this substance to be lawfully sold, purity criteria must also be established, and an SI following the affirmative procedure is required to set the purity criteria for this substance in legislation. That is the sole purpose of the regulations before this Committee today. The criteria specified in this instrument reflect the scientific specification assessed by the Food Standards Agency and ensure that, where this substance is used, it is manufactured and marketed to a consistent and safe standard.

Food law is a devolved matter and this instrument applies in England only. Wales and Scotland have made equivalent amendments to their food supplement regulations, and Northern Ireland applies the existing European Union equivalent regulations, as required by the Windsor framework. It is important to emphasise that this measure is enabling, not mandatory; it does not require any business to use this ingredient or to change their products.

The use of this new optional substance initially affects only the applicant who requested this authorisation, who benefits first from a five year exclusive use period. During this period, only the applicant may use and sell magnesium L threonate monohydrate as a form of magnesium, unless another business obtains authorisation based on its own data or with the applicant’s permission. In the longer term, other businesses will benefit from the authorisation of this substance, supporting choice and product innovation while maintaining robust safety standards.

Food supplement legislation is in scope of the UK EU sanitary and phytosanitary—or SPS—agreement, which will involve alignment with EU legislation in this area. In this case, this substance has already been authorised for use in the EU, so we expect no change in practice for businesses when alignment takes place. We therefore consider it appropriate to proceed now, following the Food Standards Agency’s safety assessment, to allow the substance to be used in Great Britain as soon as possible.

In summary, the regulations fulfil our requirements to update food supplement regulations where new substances have been authorised for use in food supplements and we continue to uphold high standards of safety and quality for consumers. I commend the draft regulations to the Committee.

I just have a couple of questions. I have read about magnesium L threonate: it is supposed to promote relaxation, unlock true cognitive potential, improve sleep, mood and overall wellbeing, and enhance mental clarity, memory and focus, so I was thinking I might get some of that. However, if I were to recommend it as a supplement, there are a couple of things I would need to know. What would the dosing be? Can the Minister confirm whether the plan is to set the dosing of magnesium in line with other types of magnesium supplements and in line with the EU, or has that not been decided? Will that be decided on a different day?

My other question is how, when we look at supplements, we can be sure they contain what it says on the tin. The Food Standards Agency regulates that, but how many reports has it had of concerns about the content of supplements, and how many products does it test? I looked at its retail survey for 2025, which found that 83% of caffeine supplements failed because they had the wrong amount of caffeine, there were allergens not described on the labels, or they contained substances that should not have been there. How often should we expect the supplements to be tested? What sort of programmes are in place to ensure that the huge variety of supplements that people can choose from in shops these days are safe and that they contain what they say they do? Other than that, I am happy with the regulations.

I thank all Members for coming along and supporting the important measures before us today. I thank the hon. Member for Sleaford and North Hykeham for her questions. I have made a note of them, and I am sure my official has as well. I have a huge binder full of information here, in which I could attempt to find the right answer for the hon. Lady—but, if she does not mind, I will commit to write to her on those very important points. I agree with her that it does sound like a possible wonder supplement; perhaps we should all rush out and buy some, especially if it helps with sleep. I know we could all do with a bit more of that. Specifically, the dosing plan, how often the purity will be tested and whether it does what it says on the tin are very important questions, so I will commit to write to her.

As I said in my opening remarks, this instrument is a routine technical measure to update food supplement regulations following the authorisation of magnesium L threonate monohydrate as a novel ingredient to ensure the appropriate purity criteria are in place so that it can be used and sold lawfully in food supplements in England. It does not place new burdens on businesses, but ensures that any use of the substance meets clear and consistent safety and quality standards, which I think is what the hon. Lady was driving at in her questions. I invite the Committee to support these draft regulations, and I commend them to the Committee today.

Question put and agreed to.

Committee rose.