On 9 December 2011, the Legislative and Governance Forum on Food Regulation (the Forum) announced its response to the recommendations of the Review of Food Labelling Law and Policy. The response included a decision to support a warning message about the risks of consuming alcohol while pregnant. While the industry is given an opportunity to introduce appropriate labelling on a voluntary basis, after a period of two years the appropriate labelling will be regulated. The Council of Australian Governments (COAG) best practice regulation requirements apply to decisions by ministerial councils or other bodies where there is a reasonable expectation of widespread compliance. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for the consultation stage and for the decision stage. As RISs were not prepared for consultation or the decision, the OBPR has assessed the proposal relating to alcohol warning labels as being non-compliant with the COAG best practice regulation requirements.