This paper aims to demonstrate that the current application of the concepts of risk and unsafety in Regulation 178/2002 (GFL) results in a grey area within EU food safety regulation. By means of the food safety risk assessment of aspartame it is illustrated that “grey area foods”, although not “unsafe” according to legal definition, could compromise human health because of, i.e., their nutritional composition. It will be argued that the grey area emerges from a narrow focus of food safety risk assessment within the ambit of the GFL, which disregards certain types of hazard and causes an information gap with respect to how food consumption, eating behaviour and health are interconnected. At the same time, the scope of food safety in the GFL is restricted to what is considered “normal” consumer behaviour in view of the information provided on food labels or generally available in society. In doing so, the legislator has set rather high standards for what may be expected of the average consumer in terms of the understanding and avoidance of behavioural risks. As a result, the consumer bears the responsibility for the consequences of the information gap.