GOS in food: new categories allowed by the EU in 2026 for manufacturers

Key data

Manufacturers of functional foods, nutritional supplements and infant formulas working with galacto-oligosaccharides (GOS) face a regulatory change. The Implementing Regulation (EU) 2026/1749, published on 21 July 2026, amends the annex of Regulation 2017/2470 — the official list of novel foods authorized in the EU — updating the conditions under which GOS can be incorporated into food products.

The change is significant: it affects both the food categories in which this ingredient can be used and the maximum permitted doses. And as with all European implementing regulations, it is directly applicable in all 27 Member States without requiring each country to transpose it into its national legislation.

What does this regulation establish?

Galacto-oligosaccharides are prebiotics of dairy origin. They are obtained from lactose and are used primarily for their effect on intestinal microbiota. Until now, their use was regulated by Regulation (EU) 2017/2470, which establishes the list of novel foods authorized in the European Union.

The new regulation amends the annex of that standard specifically with respect to GOS. The specific changes are:

The regulation does not require Member States to convert it into national legislation: it enters into force on the date indicated by the regulation itself and directly binds all food sector operators in the EU.

Economic and operational impact

For companies already using GOS in their products, the most immediate impact is operational and documentary. This is not about banning an ingredient, but about updating the conditions of use, which can generate costs in several areas:

• Formulation review: If current GOS doses in a product exceed the new adjusted limits, reformulation will be necessary.
• Labeling update: Any change in conditions of use may require modifying product labeling information to reflect the new legal framework.
• Technical documentation: Product files, technical sheets and declarations of conformity must be updated to reference the new regulation.
• Market opportunity: The expansion of authorized categories opens the door to incorporating GOS in products where it was previously not permitted, which can be a competitive advantage for those who act quickly.

For companies not yet using GOS but waiting for regulatory expansion to incorporate them into new product lines, this regulation may be the enabling factor they needed.

Who does it affect?

• Infant formula manufacturers that already incorporate GOS as a prebiotic in their composition.
• Functional food manufacturers (enriched yogurts, cereals, functional beverages) that use or want to use GOS.
• Nutritional supplement manufacturers with GOS as an active or auxiliary ingredient.
• Food ingredient companies that supply GOS to final product manufacturers.
• R&D and Regulatory Affairs departments of any food sector company with presence in the EU.
• Importers and distributors of food products with GOS manufactured outside the EU but marketed within the European market.

Practical example

A Spanish nutritional supplement manufacturer has in its catalog a product with GOS formulated under Regulation 2017/2470. Following the publication of Regulation 2026/1749, its Regulatory Affairs team must do the following:

1. Consult the new annex of Regulation 2017/2470 (already modified) to verify whether the product category in which it operates remains authorized and whether the GOS dose it uses is within the new adjusted limits.
2. If the current dose exceeds the new maximum permitted, reformulate the product before the regulation's entry into force date.
3. Update the product technical sheet and regulatory conformity declaration to reference Regulation 2026/1749.
4. Review the labeling to ensure it correctly reflects the updated conditions of use.

On the other hand, if that same manufacturer was developing a new line of functional foods where GOS was not previously authorized, the expansion of categories may enable it to launch that product to market without needing an additional authorization procedure.

What should companies do now?

1. Identify all catalog products containing GOS and verify in which food category they fall according to the new annex of the modified Regulation 2017/2470.
2. Review the GOS doses used in each formulation and compare them with the new maximum levels established by Regulation 2026/1749.
3. Update the technical documentation of each affected product: technical sheets, regulatory files and conformity declarations must reference the new regulation.
4. Review the labeling of affected products to ensure compliance with updated conditions of use before the entry into force date.
5. Evaluate opportunities for new product lines in categories that are now enabled for GOS use, if the company is interested in expanding its portfolio.
6. Coordinate with GOS suppliers to ensure that the raw material they supply meets the technical specifications required by the new regulatory framework.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601749