Conferencia ifpri

Food Marketing to Children, Nutrition Food Marketing to Children, Nutrition Labeling and Health Claims:Labeling and Health Claims:

Changes in the Global Regulatory Changes in the Global Regulatory Environment 2004-2006Environment 2004-2006

Corinna HawkesCorinna HawkesResearch FellowResearch Fellow

International Food Policy Research InstituteInternational Food Policy Research InstituteWashington DCWashington DC

Brasilia, Oct 24-26, 2006International Seminar on Food Labeling and Advertisement.

Overview of presentationOverview of presentation

IntroductionIntroduction Marketing food to children Marketing food to children

What was the regulatory environment like in What was the regulatory environment like in 2004?2004?

How has the regulatory environment changed How has the regulatory environment changed since 2004 (systematic analysis)?since 2004 (systematic analysis)?

Nutrition labels and health claimsNutrition labels and health claims What was the regulatory environment like in What was the regulatory environment like in

2004?2004? How has the regulatory environment changed How has the regulatory environment changed

since 2004 (highlights)?since 2004 (highlights)? Conclusions: moving forwardConclusions: moving forward

Introduction…Introduction…


Why are food marketing, labeling & claims Why are food marketing, labeling & claims so critical? so critical? Major communication channels Major communication channels

about foodabout food Advertising and marketingAdvertising and marketing is is “upfront”. “upfront”.

Aims to communicate Aims to communicate attractivenessattractiveness of ofproduct in order to encourage consumptionproduct in order to encourage consumption Takes many different formsTakes many different forms Considered negative for health; advertised Considered negative for health; advertised products often high-calorie, nutrient-poorproducts often high-calorie, nutrient-poor

Nutrition labelingNutrition labeling is is “in the background”. Aims to simply communicate Aims to simply communicate information information Considered positive for health; allows consumers to make Considered positive for health; allows consumers to make

healthier choiceshealthier choices

Nutrition and health claims are both marketing and Nutrition and health claims are both marketing and labelinglabeling Though a label, a form of marketing because “upfront” & Though a label, a form of marketing because “upfront” &

aim to make product more attractiveaim to make product more attractive Mixed feelings about whether positive or negative for healthMixed feelings about whether positive or negative for health


Food marketing to children, labeling, Food marketing to children, labeling, claims: critical policiesclaims: critical policies

WHO Global Strategy on Diet, Physical WHO Global Strategy on Diet, Physical Activity and Health: MarketingActivity and Health: Marketing

““Messages that encourage unhealthy dietary Messages that encourage unhealthy dietary practices …should be discouraged and practices …should be discouraged and

positive, healthy messages encouraged.” positive, healthy messages encouraged.”

““Governments should work with consumer Governments should work with consumer groups and the private sector (including groups and the private sector (including

advertising) to develop appropriate advertising) to develop appropriate multisectoral approaches to deal with the multisectoral approaches to deal with the

marketing of food to children”marketing of food to children”


WHO Global Strategy on Diet, Physical Activity WHO Global Strategy on Diet, Physical Activity and Health:and Health: Labeling and health claims Labeling and health claims

““Consumers require accurate, standardized and Consumers require accurate, standardized and comprehensible information on the content of comprehensible information on the content of food items in order to make healthy choices. food items in order to make healthy choices. Governments may require information to be Governments may require information to be

provided on key nutritional aspects, as provided on key nutritional aspects, as proposed in the Codex Guidelines on Nutrition proposed in the Codex Guidelines on Nutrition

Labelling.”Labelling.”

“ “ Health-related messages… must not mislead Health-related messages… must not mislead the public about nutritional benefits or risks.”the public about nutritional benefits or risks.”


2004: A Critical Year2004: A Critical Year

Passage of the World Health Passage of the World Health Organization’s Global Organization’s Global Strategy on Diet, Physical Strategy on Diet, Physical Activity and Health Activity and Health

Awareness of problem of Awareness of problem of

poor diets, obesity, and poor diets, obesity, and diet-related chronic diet-related chronic diseases growing at an diseases growing at an international levelinternational level

MPs deliver ultimatum to food industry

James Meikle, health correspondentThursday May 27, 2004

Food industry under Food industry under unprecedented unprecedented pressure to act, pressure to act, especially on especially on marketingmarketing


Baseline, 2004Baseline, 2004

Examined regulations

in 73 countries


in 74 countries

How is marketing to children, nutrition How is marketing to children, nutrition labeling and health claims regulated labeling and health claims regulated

worldwide…?worldwide…?


Marketing Food to Children: the Global Marketing Food to Children: the Global Regulatory Environment, Regulatory Environment, 2004, 2004,

concluded that:concluded that: ““Many countries already have in place a Many countries already have in place a

range of regulations applicable to the range of regulations applicable to the marketing of food to children…..”marketing of food to children…..”

Combination of:Combination of: Statutory regulations:Statutory regulations: Laws / statutes / Laws / statutes /

legislation; responsibility of government or a legislation; responsibility of government or a mandated bodymandated body

Government guidelines:Government guidelines: Produced by Produced by government but not legally bindinggovernment but not legally binding

Self-regulations:Self-regulations: Industry codes of practice and a Industry codes of practice and a process for the establishment, review and process for the establishment, review and application of the code of practiceapplication of the code of practice


Regulations specific to children for Regulations specific to children for different marketing techniques, different marketing techniques,

worldwide, 2004worldwide, 2004

0102030405060708090

100

% o

f 73

coun

trie

s

TVadvertising

In-school Internet SponsorshipSalespromotions

Productplacement

Statutory regulation

Self-regulation/non-bindingguidelines

-Mainly general/ethical guidelines-Some time and content restrictions- 2 countries/1 region ban TV advertising to children-Far fewer regulations for other advertising techniques


Regulations specific to food for Regulations specific to food for different marketing techniques, different marketing techniques,

worldwide, 2004worldwide, 2004

0102030405060708090

100

% o

f 73

coun

trie

s

TVAdvertising

In-schoolmarketing

Internet SponsorshipSalespromotions

Productplacement

Statutory regulation

Self regulation/guidelines

- Most are general “clauses”, saying that advertising: “Should not encourage excessive consumption”“Must show necessity of a balanced diet”

- Often unclear if / how applied in practice- But some restrictions on product sales in schools


“…“…but there are significant regulatory but there are significant regulatory gaps”gaps”

FoodFood Existing regulations rarely aimed to reduce Existing regulations rarely aimed to reduce

children’s experience of food marketing children’s experience of food marketing Non-traditional marketing techniquesNon-traditional marketing techniques

Far fewer regulations outside of TV Far fewer regulations outside of TV advertisingadvertising

Regional FocusRegional Focus Lack of regulations in middle- and low-Lack of regulations in middle- and low-

income countriesincome countries


“…“…but the regulatory environment but the regulatory environment surrounding marketing food to children is surrounding marketing food to children is

evolving rapidly”evolving rapidly” So, since the passage of the Global Strategy So, since the passage of the Global Strategy

on Diet, Physical Activity and Health…on Diet, Physical Activity and Health…

How have key stakeholders acted on the How have key stakeholders acted on the WHO’s recommendation to discourage WHO’s recommendation to discourage messages that encourage unhealthy dietary messages that encourage unhealthy dietary practices?practices? consumer groupsconsumer groups private industryprivate industry governmentsgovernments

Complete update completed in April 2006Complete update completed in April 2006


International ActionInternational Action

WHO consultation on marketing food to WHO consultation on marketing food to children (Oslo, April 2006)children (Oslo, April 2006)

Recommended statutory regulatory actionRecommended statutory regulatory action International Chamber of Commerce (ICC) International Chamber of Commerce (ICC)

Framework for Responsible Food and Framework for Responsible Food and Beverage Communications (2004/06). Beverage Communications (2004/06). Food Food and drink advertising should not:and drink advertising should not:

I.I. Promote “excessive” consumptionPromote “excessive” consumptionII.II. Undermine the importance of a healthy diet Undermine the importance of a healthy diet III.III. Undermine role of parents in providing nutritional Undermine role of parents in providing nutritional

adviceadviceIV.IV. Mislead children about the quality and value of the foodMislead children about the quality and value of the food


Consumer Groups:Consumer Groups: Calling for Calling for Statutory RegulationStatutory Regulation

Cynical about self-regulation: proactively lobbying Cynical about self-regulation: proactively lobbying against self-regulatory “voluntary” approachesagainst self-regulatory “voluntary” approaches

Stepped up campaigns calling for statutory Stepped up campaigns calling for statutory regulation - on all forms of marketingregulation - on all forms of marketing

Produced numerous reports indicating that Produced numerous reports indicating that marketing of energy-dense, nutrient-poor foods are marketing of energy-dense, nutrient-poor foods are continuing – and intensifying continuing – and intensifying

Vocal in many world regionsVocal in many world regions


Examples of consumer group reports Examples of consumer group reports and advocacy positions worldwide, and advocacy positions worldwide,

2004-20062004-2006AsiaAsia- Asia Pacific Consumers International: report showing high level of food - Asia Pacific Consumers International: report showing high level of food

advertising in 5 Asian countries; ban for under 12sadvertising in 5 Asian countries; ban for under 12s- India Consumer Education Research Centre: restrict school marketing- India Consumer Education Research Centre: restrict school marketing- Malaysia Consumers Association: ban vending machines in schools- Malaysia Consumers Association: ban vending machines in schools- “Thaihealth” et al measured high level; government should regulate- “Thaihealth” et al measured high level; government should regulate

Australia Pacific Australia Pacific - Australian Medical Association: ban all forms of advertising- Australian Medical Association: ban all forms of advertising- Fiji Teachers Association: “junk food” ban in schools- Fiji Teachers Association: “junk food” ban in schools

North AmericaNorth America- Centre for Science in the Public Interest, Commercial Alert: call for ban- Centre for Science in the Public Interest, Commercial Alert: call for banEuropeEurope- European Heart Network: report; ban all forms of food marketing- European Heart Network: report; ban all forms of food marketing- Denmark, France, Italy, Spain leading consumer associations: reports - Denmark, France, Italy, Spain leading consumer associations: reports

showing high level of food advertising targeted at children; call for banshowing high level of food advertising targeted at children; call for ban- British Medical Association: ban advertising, sponsorship, celebrities- British Medical Association: ban advertising, sponsorship, celebrities- German teachers association DpHV: restrictions in schools - German teachers association DpHV: restrictions in schools - Russian KonfOp: call for greater responsibility among food marketers- Russian KonfOp: call for greater responsibility among food marketers


Regulatory Activity in Europe 2004-Regulatory Activity in Europe 2004-06: Self-Regulation06: Self-Regulation

New “Principles” from EU food and soft industry New “Principles” from EU food and soft industry trade groups (CIAA, UNESDA)trade groups (CIAA, UNESDA)

New codes in 8 countries (Spain a notable example)New codes in 8 countries (Spain a notable example) European Commission (EC)European Commission (EC)

European Union Platform on Diet, Physical European Union Platform on Diet, Physical Activity and HealthActivity and Health encourages self-regulation encourages self-regulation requires clear commitmentsrequires clear commitments

Green paper “Promoting healthy diets” – states Green paper “Promoting healthy diets” – states that if self-regulation fails to produce “satisfactory that if self-regulation fails to produce “satisfactory results”, other options neededresults”, other options needed


Regulatory Activity in Europe 2004-Regulatory Activity in Europe 2004-06: Statutory06: Statutory

EC - revision of EU-wide Television Without Frontiers EC - revision of EU-wide Television Without Frontiers DirectiveDirective Minimum level of regulation on advertising to children Minimum level of regulation on advertising to children Extended to advertising on newer technologiesExtended to advertising on newer technologies Permits product placement – except on “children’s programs”Permits product placement – except on “children’s programs”

France–warnings on advertising or 1.5% tax; school France–warnings on advertising or 1.5% tax; school restrictionsrestrictions

Ireland–new Ireland–new Children’s Advertising Code Children’s Advertising Code (celebrities)(celebrities) Finland–Finland–Children & Foodstuffs MarketingChildren & Foodstuffs Marketing (cartoons, pp) (cartoons, pp) Italy–law repealed on banning use of children under age of Italy–law repealed on banning use of children under age of

1414 Russia–new time restrictions on advertising to childrenRussia–new time restrictions on advertising to children UK-school restrictions; consultation; nutrient profile modelUK-school restrictions; consultation; nutrient profile model


Regulatory Activity in North America Regulatory Activity in North America 2004-062004-06

Self-regulationSelf-regulation New food clause in self-regulatory code in CanadaNew food clause in self-regulatory code in Canada Consultation on CARU code in US (pp, new media)Consultation on CARU code in US (pp, new media) New schools guidelines from American Beverage New schools guidelines from American Beverage

AssociationAssociation Pressure from reports Pressure from reports from the from the Institute of Medicine of Institute of Medicine of

the National Academy of Sciences on obesity and the National Academy of Sciences on obesity and marketingmarketing

Statutory regulationStatutory regulation In US, new rules for digital media to childrenIn US, new rules for digital media to children New/revised guidelines restricting product sales in 6/10 New/revised guidelines restricting product sales in 6/10

Canadian provinces, 15/52 US states Canadian provinces, 15/52 US states Litigation against food companies (1 new lawsuit; another Litigation against food companies (1 new lawsuit; another

developed and forced negotiations; 1 pending appeal)developed and forced negotiations; 1 pending appeal)


Regulatory Activity in Regulatory Activity in Australasia/Pacific 2004-06Australasia/Pacific 2004-06

Self-regulationSelf-regulation Revision of codes on food in Australia and New Revision of codes on food in Australia and New

ZealandZealand Statutory regulationStatutory regulation

Policy review of Children’s Television Standards in Policy review of Children’s Television Standards in AustraliaAustralia


Regulatory Activity in Asia 2004-06Regulatory Activity in Asia 2004-06

Self-regulationSelf-regulation Minimal activityMinimal activity

Statutory regulationStatutory regulation In China, government concern about advertisement In China, government concern about advertisement

content (decency etc); bill proposed to restrict content (decency etc); bill proposed to restrict advertising to childrenadvertising to children

In India, revision of existing codes to reduce In India, revision of existing codes to reduce violations; may take greater account of childrenviolations; may take greater account of children

In Thailand, discussions between government, In Thailand, discussions between government, industry and consumer groups about restricting food industry and consumer groups about restricting food advertising to childrenadvertising to children

Discussion about in-school marketing in India, Discussion about in-school marketing in India, Malaysia, ThailandMalaysia, Thailand


Regulatory Activity in Africa 2004-06Regulatory Activity in Africa 2004-06

Minimal discussion or regulatory activityMinimal discussion or regulatory activity


Regulatory Activity in Latin America Regulatory Activity in Latin America 2004-062004-06

Minimal, but Brazil a notable exception Minimal, but Brazil a notable exception SchoolsSchools: Restrictions on sales of foods of low : Restrictions on sales of foods of low

nutritional value in Distrito Federal (2005)nutritional value in Distrito Federal (2005) LitigationLitigation: case against soft drinks makers pending : case against soft drinks makers pending

appealappeal Self-regulationSelf-regulation: New CONAR code: New CONAR code Several Several billsbills tabled to restrict food advertising to tabled to restrict food advertising to

childrenchildren January 2005 Attorney General requested ANVISA to January 2005 Attorney General requested ANVISA to

form a working group to develop a form a working group to develop a draft resolutiondraft resolution to to control food marketing to childrencontrol food marketing to children

Will Brazil set a global precedent?Will Brazil set a global precedent?


Number of countries with statutory and self-Number of countries with statutory and self-regulations specific to marketing food to childrenregulations specific to marketing food to children

05

10152025303540

TVAdvertising

2004

TVAdvertising

2006

In-schoolmarketing

2004

In-schoolmarketing

2006

Internet 2004 Internet 2004 Sponsorship2004

Sponsorship2006

Salespromotions

2004

Salespromotions

2006

Productplacement

2004

Productplacement

2006

Statutory regulations Self regulations

Increasing global concern; Increasing global concern; stakeholders respondingstakeholders responding


Summary of industry and government Summary of industry and government actionaction

IndustryIndustry Most active - proactively developing self-regulations (10 Most active - proactively developing self-regulations (10

countries, Brazil makes 11 and more coming), plus schoolscountries, Brazil makes 11 and more coming), plus schools Growth in countries where there is a threat of legislation: 80% Growth in countries where there is a threat of legislation: 80%

of activity in Europe; rest in North Americaof activity in Europe; rest in North America Codes – only provide general guidance; one example of Codes – only provide general guidance; one example of

restriction (more in the future on specific marketing restriction (more in the future on specific marketing techniques)techniques)

Aggressive lobbying against statutory regulationAggressive lobbying against statutory regulation GovernmentsGovernments

Action, yes - but globally, not much real change in statutory Action, yes - but globally, not much real change in statutory regulation; no real new restrictions (some very limited)regulation; no real new restrictions (some very limited)

Support for self-regulatory approaches where they existSupport for self-regulatory approaches where they exist Consultation on statutory regulations (Brazil/UK) Consultation on statutory regulations (Brazil/UK) More willing to act in schoolsMore willing to act in schools


BUT...BUT...

Governments unwilling to take stringent action Governments unwilling to take stringent action Gaps remainGaps remain

Fewer regulations outside TV advertising, even Fewer regulations outside TV advertising, even though this is where growth is most dynamicthough this is where growth is most dynamic

Fewer regulatory developments in middle- & low-Fewer regulatory developments in middle- & low-income countries, even though where advertising income countries, even though where advertising markets are growing fastestmarkets are growing fastest

Evidence of impact: Evidence of impact: difficult to say if changes in difficult to say if changes in regulations have created (or will) a healthier regulations have created (or will) a healthier food marketing environment around childrenfood marketing environment around children


Baseline, 2004Baseline, 2004


in 73 countries


in 74 countries


Nutrition Labels: the Global Regulatory Nutrition Labels: the Global Regulatory Environment, Environment, 2004, 2004, concluded that:concluded that:

““Many countries have regulations Many countries have regulations requiring some form of nutrition requiring some form of nutrition labelling, with development labelling, with development ongoing in several more…..”ongoing in several more…..”

““Many differences between Many differences between countries…”countries…” Mandatory or voluntary Mandatory or voluntary Label formatLabel format Nutrient listNutrient list


Nutrition labeling regulations worldwide, 2004

0102030405060708090

100

% of 74 countri

es

N o re g u la tio n V o lu n ta ry u n le ss a c la im is ma d e o r o n

fo o d s with sp e c ia l d ie ta ry u se s

Ma n d a to ry re g u la tio n

Voluntary unless a claim is made or on foods with special

dietary uses

Mandatory labeling

No regulation


Shift from “no regulation” to Shift from “no regulation” to “voluntary” reflects role of Codex “voluntary” reflects role of Codex

AlimentariusAlimentarius International food code of the FAO/WHO International food code of the FAO/WHO

provides guidance on labeling and health provides guidance on labeling and health claimsclaims

Guidelines on Nutrition LabellingGuidelines on Nutrition Labelling and and General Standards for the Labelling of and General Standards for the Labelling of and Claims for Prepackaged Foods for Special Claims for Prepackaged Foods for Special Dietary UseDietary Use Nutrition labeling should be Nutrition labeling should be voluntaryvoluntary

unless a nutrition claim is made, or if the unless a nutrition claim is made, or if the food is intended for a special dietary usefood is intended for a special dietary use


Nutrition labeling regulations worldwide, 2004

0102030405060708090

100

% of 74 countri

es

N o re g u la tio n V o lu n ta ry u n le ss a c la im is ma d e o r o n

fo o d s with sp e c ia l d ie ta ry u se s

Ma n d a to ry re g u la tio n

Voluntary unless a claim is made or on foods with special

dietary uses

Mandatory labeling

No regulation


“…“…an increasing number of countries an increasing number of countries require mandatory labelling”require mandatory labelling”

Goes beyond Codex but follows example of Goes beyond Codex but follows example of United States (1994)United States (1994)

Brazil (2001), and other MERCOSUL countries Brazil (2001), and other MERCOSUL countries (8/2006), Australia and New Zealand (2002)m (8/2006), Australia and New Zealand (2002)m Canada (2003), Malaysia (on a wide range of Canada (2003), Malaysia (on a wide range of foods, 2003), Israel (1993)foods, 2003), Israel (1993)

Affects food industry incentivesAffects food industry incentives


““Research from a wide range of Research from a wide range of countries suggests that…”countries suggests that…”

“…“…many consumers appreciate nutrition labels many consumers appreciate nutrition labels & find them important when making food & find them important when making food choices, especially when buying product for choices, especially when buying product for the first time”the first time” [fat, calories]. [fat, calories].

But But “predominant use amongst certain groups: “predominant use amongst certain groups: people with a higher level if education and who people with a higher level if education and who already have an interest in diet and health”already have an interest in diet and health”

And And “Labels may create confusion if they are “Labels may create confusion if they are not presented in a format that consumers not presented in a format that consumers readily understand” readily understand” [format, nutrient list][format, nutrient list]

Brasilia, Oct 24-26, 2006International Seminar on Food Labeling and Advertisement.0

10

20

30

40

50

60

70

80

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coun

tries

No re g u la tio n R e fe re n c e to d ise a se p ro h ib ite d Nu trie n t fu n c tio n a n d o th e r c la ims p e rmitte d S p e c ific d ise a se re d u c tio n c la ims p e rmitte d

(o r fra me wo rk fo r a p p ro v a l)

Specific disease reduction claims

permitted (or framework for

approval)

No regulation

Nutrient function or

other claims

permitted

Reference to disease prohibited

“Internationally and nationally, the regulation of health claims is in a developmental stage and varies widely

between countries and areas…..” Many countries had no regulation Many countries had no regulation Prohibition in many countries to reference to disease Prohibition in many countries to reference to disease Countries most likely to allow nutrient or other Countries most likely to allow nutrient or other

function claimsfunction claims Seven countries allow disease-risk reduction claimsSeven countries allow disease-risk reduction claims Not then covered by official Codex standardNot then covered by official Codex standard

Widespread Widespread calls for clearer calls for clearer regulatory regulatory frameworkframework

Insufficient Insufficient evidence of evidence of health impacthealth impact

Health Claims: the Global Regulatory Health Claims: the Global Regulatory Environment, Environment, 2004, 2004, concluded that:concluded that:


“…“…regulations [on labeling and claims] regulations [on labeling and claims] should be developed with long-term should be developed with long-term

dietary improvements across populations dietary improvements across populations as their underlying goal”as their underlying goal”

So, since the passage of the Global So, since the passage of the Global Strategy on Diet, Physical Activity and Strategy on Diet, Physical Activity and Health…Health…

Has more attention been paid to the use of Has more attention been paid to the use of nutrition labels and health claims as a nutrition labels and health claims as a means of improving diets? means of improving diets?

Some highlights…Some highlights…


General trendsGeneral trends Expanding perception of nutrition labeling from Expanding perception of nutrition labeling from “consumers right “consumers right

to information”to information” and and “free trade of goods”“free trade of goods” to to “encourage healthier “encourage healthier diets”diets”

Increased evidence base on impact – confirms previous findingsIncreased evidence base on impact – confirms previous findings US:US: “most people read nutrition labels” but “people with poor “most people read nutrition labels” but “people with poor

literacy and numerical skills struggle to understand food literacy and numerical skills struggle to understand food labels” “label use higher among people with more education” labels” “label use higher among people with more education” and “adolescents need education to learn how to use labels”and “adolescents need education to learn how to use labels”

Europe:Europe: consumers value labels and want mandatory labeling, consumers value labels and want mandatory labeling, but mbut more figures and information do not help consumers understand ore figures and information do not help consumers understand labels labels

China:China: adolescents don’t use nutrition labels adolescents don’t use nutrition labels New Zealand:New Zealand: consumers do not understand sodium consumers do not understand sodium

informationinformation Brazil:Brazil: consumers use nutrition labels but only in a limited consumers use nutrition labels but only in a limited

way; further educational strategies neededway; further educational strategies needed


Extensive research in UK suggests effective and popular with consumers

Europe: increasing interest in Europe: increasing interest in “front-of-pack” as labeling “front-of-pack” as labeling perceived as critical for obesity perceived as critical for obesity preventionprevention


““Front-of-pack” labeling explicitly aims to Front-of-pack” labeling explicitly aims to encourage healthy food choices and aims to encourage healthy food choices and aims to overcome ‘confusion’ of many label formats overcome ‘confusion’ of many label formats

** New research suggests that sNew research suggests that simple graphics, imple graphics,

especially “traffic lights”, can help people make especially “traffic lights”, can help people make healthier food choiceshealthier food choices

UK Food Standards Agency recommended adoption UK Food Standards Agency recommended adoption of “traffic light labeling” in March 2006of “traffic light labeling” in March 2006

Development of new, simplified “front of pack” Development of new, simplified “front of pack” labeling in France, the Netherlands, and Switzerlandlabeling in France, the Netherlands, and Switzerland

European Consumers Association currently working European Consumers Association currently working to develop a European-wide front-of pack schemesto develop a European-wide front-of pack schemes

New EU Directive released early 2007 – not clear New EU Directive released early 2007 – not clear whether will call for front-of pack (or mandatory whether will call for front-of pack (or mandatory labeling)labeling)

* Review of “front-of-pack” nutrition schemes. European Heart Network, September 2006


Industry developing labeling initiatives as Industry developing labeling initiatives as pressure rises for action on diet and obesity pressure rises for action on diet and obesity (and they do not want external regulation)(and they do not want external regulation)

Sainsbury’s Sainsbury’s supermarkets supermarkets

(UK)(UK)

Kraft “Sensible Kraft “Sensible Solution”Solution”

Pepsi “Smart Pepsi “Smart Spot”Spot”


North America: use of labels to drive North America: use of labels to drive trans fats out of the food chaintrans fats out of the food chain

USA: implemented USA: implemented January 2006 January 2006

Trans-fats found in fewer Trans-fats found in fewer and fewer products, but and fewer products, but still in “low-quality” still in “low-quality” productsproducts

Canada: Implemented Canada: Implemented December 2005December 2005

Evidence from Canada Evidence from Canada suggests intake of trans suggests intake of trans fats dropped since fats dropped since labeling introducedlabeling introduced


Next trend in North America: labeling Next trend in North America: labeling on restaurant menuson restaurant menus

Consumer groups propose labeling in Consumer groups propose labeling in restaurants –in USA and Canadarestaurants –in USA and Canada

Proposed by New York by Department of Proposed by New York by Department of Health October 2006Health October 2006


Health claims regulations: little action Health claims regulations: little action on a global scale, but continued on a global scale, but continued

developmentdevelopment Codex adopted Guidelines for Use of Codex adopted Guidelines for Use of

Nutrition and Health Claims (July 2004)Nutrition and Health Claims (July 2004) Do not permit or prohibit specific claims, but Do not permit or prohibit specific claims, but

state that disease-risk reduction claims must state that disease-risk reduction claims must not imply a food can prevent diseases, must not imply a food can prevent diseases, must be scientifically substantiated, be scientifically substantiated, and should and should be permitted only within a clear be permitted only within a clear regulatory frameworkregulatory framework


Trend towards more permissive Trend towards more permissive environment, as long as scientifically environment, as long as scientifically

substantiatedsubstantiated European Commission Regulation on Nutrition and European Commission Regulation on Nutrition and

Health Claims on Foods to be adopted Fall 2006Health Claims on Foods to be adopted Fall 2006 Will permit specified disease-risk reduction claims Will permit specified disease-risk reduction claims

throughout Europe, but not disease-prevention/cure throughout Europe, but not disease-prevention/cure claimsclaims

Claims referring to general wellbeing (e.g."preserves Claims referring to general wellbeing (e.g."preserves youth"), references to psychological and behavioral youth"), references to psychological and behavioral functions (e.g. “improves your memory”) and slimming or functions (e.g. “improves your memory”) and slimming or weight control claims also permitted IF substantiated by weight control claims also permitted IF substantiated by scientific evidencescientific evidence

Guidelines for the Scientific Substantiation of Guidelines for the Scientific Substantiation of Nutrition and Health Claims for Functional Foods Nutrition and Health Claims for Functional Foods developing in Asiadeveloping in Asia

Conclusions…Conclusions…


Progress since the WHO Global Progress since the WHO Global Strategy on Diet, Physical Activity & Strategy on Diet, Physical Activity &

Health?Health? Regulations to discourage unhealthy marketing?Regulations to discourage unhealthy marketing?

Definite progress, but no hard legislationDefinite progress, but no hard legislation More comprehensible nutrition labeling?More comprehensible nutrition labeling?

Steps being taken, but far from globalSteps being taken, but far from global Less misleading health claims?Less misleading health claims?

Little, though more permissive trend, & some Little, though more permissive trend, & some progress on scientific substantiationprogress on scientific substantiation

Overall, industry setting (or trying to!) the Overall, industry setting (or trying to!) the agendaagenda


How can policy makers move forward How can policy makers move forward and make further progress?and make further progress?

Understand the policy driversUnderstand the policy drivers Be aware of barriers to progressBe aware of barriers to progress Clarify goalsClarify goals Learn from past and ongoing regulatory Learn from past and ongoing regulatory

experiencesexperiences Act!Act!


Moving forward: what have been the Moving forward: what have been the policy drivers?policy drivers?

Consumer awarenessConsumer awareness Active civil society and mediaActive civil society and media

Pressure (or lack of) from governments, WHOPressure (or lack of) from governments, WHO Evidence? Evidence?

Evidence of impact of regulation not the major driverEvidence of impact of regulation not the major driver Need to act based on health evidence more powerfulNeed to act based on health evidence more powerful Ethical concerns also paramountEthical concerns also paramount

Ethics – child protection Ethics – child protection Marketing: explains focus on schoolsMarketing: explains focus on schools

Right to (Right to (comprehensible?comprehensible?) information) information LabelingLabeling

Food industry pressure Food industry pressure Health claimsHealth claims


Moving forward: barriers to progress Moving forward: barriers to progress on regulating marketingon regulating marketing

Industry opposition (food, advertising, media)Industry opposition (food, advertising, media) Inadequate monitoring of impact of Inadequate monitoring of impact of

regulations, old and new, on regulations, old and new, on quality, quantityquality, quantity of food marketing and of food marketing and food choices & diets food choices & diets

Different approaches to the evidence for Different approaches to the evidence for regulation: exploitation of evidence gapsregulation: exploitation of evidence gaps

Confusion about role of statutory versus self-Confusion about role of statutory versus self-regulationregulation

Nutrient profiling: What foods should and Nutrient profiling: What foods should and should not be advertised?should not be advertised?


Moving forward: barriers to progress Moving forward: barriers to progress on nutrition labeling and health on nutrition labeling and health

claimsclaims Nutrition labeling inadequately viewed as a diet-Nutrition labeling inadequately viewed as a diet-

promotion toolpromotion tool Despite evidence that labels can be confusing, little Despite evidence that labels can be confusing, little

awareness of “traffic light” schemes outside Europeawareness of “traffic light” schemes outside Europe Confusion and complexityConfusion and complexity

Food industry schemes?Food industry schemes? Complexity of health claims / scientific substantiationComplexity of health claims / scientific substantiation

Nutrient profilingNutrient profiling What foods should have health claims? What foods should have health claims? What foods should be “red”, “amber” and “green”?What foods should be “red”, “amber” and “green”?

TradeTrade Need for harmonization between nationsNeed for harmonization between nations Codex moves slowlyCodex moves slowly


Moving forward: state-of-the-art Moving forward: state-of-the-art trendstrends

Merging of marketing and labelingMerging of marketing and labeling Front-of-packFront-of-pack Health claimsHealth claims ““Marketing health”Marketing health”

Self-regulation and food industry codesSelf-regulation and food industry codes Food industry has the answer – therefore no Food industry has the answer – therefore no

need for regulation?need for regulation? Result: big regulatory challengeResult: big regulatory challenge

Regulating “health marketing” in an era of Regulating “health marketing” in an era of self-regulation and support for food industry self-regulation and support for food industry effortsefforts


Moving forward - clarify goals: what Moving forward - clarify goals: what do you want to achieve?do you want to achieve?

What is the goal of regulating marketing to children?What is the goal of regulating marketing to children? To encourage “responsible” food marketing to children (quality)?To encourage “responsible” food marketing to children (quality)? To reduced amount of “unhealthy” food marketing experienced To reduced amount of “unhealthy” food marketing experienced

by children (quantity)?by children (quantity)? To encourage children/parents to choose healthier food To encourage children/parents to choose healthier food

(outcome)?(outcome)? What is the goal of nutrition labeling?What is the goal of nutrition labeling?

To permit fair trade?To permit fair trade? To provide consumers with information?To provide consumers with information? To promote healthy diets?To promote healthy diets?

What is the goal of regulating health claims?What is the goal of regulating health claims? To prevent misleading claims?To prevent misleading claims? To promote healthy diets?To promote healthy diets?


Moving forward: learning from Moving forward: learning from experienceexperience

With imperfect evidence, need to look to With imperfect evidence, need to look to the increasing richness of experiences of the increasing richness of experiences of regulatory developments in different regulatory developments in different countriescountries

National context but global learning National context but global learning


Moving forward: action steps neededMoving forward: action steps needed Set clear goals appropriate to national contextSet clear goals appropriate to national context Compare goals: are they the same between Compare goals: are they the same between

stakeholders?stakeholders? Determine how regulation can best be tailored to Determine how regulation can best be tailored to

achieve goal, and the role of different stakeholdersachieve goal, and the role of different stakeholders Take guidance from increasing richness of past Take guidance from increasing richness of past

regulatory experiences from around the world regulatory experiences from around the world Draw on evidence, but take a precautionary Draw on evidence, but take a precautionary

approach approach Take action in schoolsTake action in schools Keep a watchful eye on “marketing health”!Keep a watchful eye on “marketing health”! Set the agenda!! Set the agenda!!


Recent growth in activity Recent growth in activity shows moment to act is now!shows moment to act is now!

Obrigada!Obrigada!

Health & Medicine

Conferencia ifpri