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Food Marketing to Children, Nutrition Labeling and Health Claims: Changes in the Global Regulatory Environment 2004-2006 Corinna Hawkes Research Fellow.

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Presentation on theme: "Food Marketing to Children, Nutrition Labeling and Health Claims: Changes in the Global Regulatory Environment 2004-2006 Corinna Hawkes Research Fellow."— Presentation transcript:

1 Food Marketing to Children, Nutrition Labeling and Health Claims: Changes in the Global Regulatory Environment Corinna Hawkes Research Fellow International Food Policy Research Institute Washington DC

2 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Overview of presentation Introduction Introduction Marketing food to children Marketing food to children What was the regulatory environment like in 2004? What was the regulatory environment like in 2004? How has the regulatory environment changed since 2004 (systematic analysis)? How has the regulatory environment changed since 2004 (systematic analysis)? Nutrition labels and health claims Nutrition labels and health claims What was the regulatory environment like in 2004? What was the regulatory environment like in 2004? How has the regulatory environment changed since 2004 (highlights)? How has the regulatory environment changed since 2004 (highlights)? Conclusions: moving forward Conclusions: moving forward

3 Introduction…

4 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Why are food marketing, labeling & claims so critical? Major communication channels about food Advertising and marketing is “upfront”. Advertising and marketing is “upfront”. Aims to communicate attractiveness of Aims to communicate attractiveness of product in order to encourage consumption Takes many different forms Takes many different forms Considered negative for health; advertised Considered negative for health; advertised products often high-calorie, nutrient-poor products often high-calorie, nutrient-poor Nutrition labeling is Nutrition labeling is “in the background”. Aims to simply communicate information Aims to simply communicate information Considered positive for health; allows consumers to make healthier choices Considered positive for health; allows consumers to make healthier choices Nutrition and health claims are both marketing and labeling Nutrition and health claims are both marketing and labeling Though a label, a form of marketing because “upfront” & aim to make product more attractive Though a label, a form of marketing because “upfront” & aim to make product more attractive Mixed feelings about whether positive or negative for health Mixed feelings about whether positive or negative for health

5 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Food marketing to children, labeling, claims: critical policies WHO Global Strategy on Diet, Physical Activity and Health: Marketing “Messages that encourage unhealthy dietary practices …should be discouraged and positive, healthy messages encouraged.” “Governments should work with consumer groups and the private sector (including advertising) to develop appropriate multisectoral approaches to deal with the marketing of food to children”

6 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. WHO Global Strategy on Diet, Physical Activity and Health: Labeling and health claims “Consumers require accurate, standardized and comprehensible information on the content of food items in order to make healthy choices. Governments may require information to be provided on key nutritional aspects, as proposed in the Codex Guidelines on Nutrition Labelling.” “ Health-related messages… must not mislead the public about nutritional benefits or risks.”

7 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. 2004: A Critical Year Passage of the World Health Organization’s Global Strategy on Diet, Physical Activity and Health Passage of the World Health Organization’s Global Strategy on Diet, Physical Activity and Health Awareness of problem of poor diets, obesity, and diet- related chronic diseases growing at an international level Awareness of problem of poor diets, obesity, and diet- related chronic diseases growing at an international level MPs deliver ultimatum to food industry James Meikle, health correspondent Thursday May 27, 2004 Food industry under unprecedented pressure to act, especially on marketing Food industry under unprecedented pressure to act, especially on marketing

8 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Baseline, 2004 Examined regulations in 73 countries Examined regulations in 74 countries

9 How is marketing to children, nutrition labeling and health claims regulated worldwide…?

10 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Marketing Food to Children: the Global Regulatory Environment, 2004, concluded that: “Many countries already have in place a range of regulations applicable to the marketing of food to children…..” “Many countries already have in place a range of regulations applicable to the marketing of food to children…..” Combination of: Combination of: Statutory regulations: Laws / statutes / legislation; responsibility of government or a mandated body Statutory regulations: Laws / statutes / legislation; responsibility of government or a mandated body Government guidelines: Produced by government but not legally binding Government guidelines: Produced by government but not legally binding Self-regulations: Industry codes of practice and a process for the establishment, review and application of the code of practice Self-regulations: Industry codes of practice and a process for the establishment, review and application of the code of practice

11 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulations specific to children for different marketing techniques, worldwide, 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

12 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulations specific to food for different marketing techniques, worldwide, 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

13 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “…but there are significant regulatory gaps” Food Food Existing regulations rarely aimed to reduce children’s experience of food marketing Existing regulations rarely aimed to reduce children’s experience of food marketing Non-traditional marketing techniques Non-traditional marketing techniques Far fewer regulations outside of TV advertising Far fewer regulations outside of TV advertising Regional Focus Regional Focus Lack of regulations in middle- and low-income countries Lack of regulations in middle- and low-income countries

14 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “…but the regulatory environment surrounding marketing food to children is evolving rapidly” So, since the passage of the Global Strategy on Diet, Physical Activity and Health… So, since the passage of the Global Strategy on Diet, Physical Activity and Health… How have key stakeholders acted on the WHO’s recommendation to discourage messages that encourage unhealthy dietary practices? How have key stakeholders acted on the WHO’s recommendation to discourage messages that encourage unhealthy dietary practices? consumer groups consumer groups private industry private industry governments governments Complete update completed in April 2006 Complete update completed in April 2006

15 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. International Action WHO consultation on marketing food to children (Oslo, April 2006) WHO consultation on marketing food to children (Oslo, April 2006) Recommended statutory regulatory action Recommended statutory regulatory action International Chamber of Commerce (ICC) Framework for Responsible Food and Beverage Communications (2004/06). Food and drink advertising should not: International Chamber of Commerce (ICC) Framework for Responsible Food and Beverage Communications (2004/06). Food and drink advertising should not:  Promote “excessive” consumption  Undermine the importance of a healthy diet  Undermine role of parents in providing nutritional advice  Mislead children about the quality and value of the food

16 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Consumer Groups: Calling for Statutory Regulation Cynical about self-regulation: proactively lobbying against self-regulatory “voluntary” approaches Cynical about self-regulation: proactively lobbying against self-regulatory “voluntary” approaches Stepped up campaigns calling for statutory regulation - on all forms of marketing Stepped up campaigns calling for statutory regulation - on all forms of marketing Produced numerous reports indicating that marketing of energy-dense, nutrient-poor foods are continuing – and intensifying Produced numerous reports indicating that marketing of energy-dense, nutrient-poor foods are continuing – and intensifying Vocal in many world regions Vocal in many world regions

17 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Examples of consumer group reports and advocacy positions worldwide, Asia - Asia Pacific Consumers International: report showing high level of food advertising in 5 Asian countries; ban for under 12s - India Consumer Education Research Centre: restrict school marketing - Malaysia Consumers Association: ban vending machines in schools - “Thaihealth” et al measured high level; government should regulate Australia Pacific - Australian Medical Association: ban all forms of advertising - Fiji Teachers Association: “junk food” ban in schools North America - Centre for Science in the Public Interest, Commercial Alert: call for ban Europe - European Heart Network: report; ban all forms of food marketing - Denmark, France, Italy, Spain leading consumer associations: reports showing high level of food advertising targeted at children; call for ban - British Medical Association: ban advertising, sponsorship, celebrities - German teachers association DpHV: restrictions in schools - Russian KonfOp: call for greater responsibility among food marketers

18 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Europe : Self- Regulation New “Principles” from EU food and soft industry trade groups (CIAA, UNESDA) New “Principles” from EU food and soft industry 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 Activity and Health European Union Platform on Diet, Physical Activity and Health encourages self-regulation encourages self-regulation requires clear commitments requires clear commitments Green paper “Promoting healthy diets” – states that if self-regulation fails to produce “satisfactory results”, other options needed Green paper “Promoting healthy diets” – states that if self-regulation fails to produce “satisfactory results”, other options needed

19 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Europe : Statutory EC - revision of EU-wide Television Without Frontiers Directive EC - revision of EU-wide Television Without Frontiers Directive Minimum level of regulation on advertising to children Minimum level of regulation on advertising to children Extended to advertising on newer technologies Extended 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 restrictions France–warnings on advertising or 1.5% tax; school restrictions Ireland–new Children’s Advertising Code (celebrities) Ireland–new Children’s Advertising Code (celebrities) Finland–Children & Foodstuffs Marketing (cartoons, pp) Finland–Children & Foodstuffs Marketing (cartoons, pp) Italy–law repealed on banning use of children under age of 14 Italy–law repealed on banning use of children under age of 14 Russia–new time restrictions on advertising to children Russia–new time restrictions on advertising to children UK-school restrictions; consultation; nutrient profile model UK-school restrictions; consultation; nutrient profile model

20 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in North America Self-regulation Self-regulation New food clause in self-regulatory code in Canada New 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 Association New schools guidelines from American Beverage Association Pressure from reports from the Institute of Medicine of the National Academy of Sciences on obesity and marketing Pressure from reports from the Institute of Medicine of the National Academy of Sciences on obesity and marketing Statutory regulation Statutory regulation In US, new rules for digital media to children In US, new rules for digital media to children New/revised guidelines restricting product sales in 6/10 Canadian provinces, 15/52 US states New/revised guidelines restricting product sales in 6/10 Canadian provinces, 15/52 US states Litigation against food companies (1 new lawsuit; another developed and forced negotiations; 1 pending appeal) Litigation against food companies (1 new lawsuit; another developed and forced negotiations; 1 pending appeal)

21 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Australasia/Pacific Self-regulation Self-regulation Revision of codes on food in Australia and New Zealand Revision of codes on food in Australia and New Zealand Statutory regulation Statutory regulation Policy review of Children’s Television Standards in Australia Policy review of Children’s Television Standards in Australia

22 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Asia Self-regulation Self-regulation Minimal activity Minimal activity Statutory regulation Statutory regulation In China, government concern about advertisement content (decency etc); bill proposed to restrict advertising to children In China, government concern about advertisement content (decency etc); bill proposed to restrict advertising to children In India, revision of existing codes to reduce violations; may take greater account of children In India, revision of existing codes to reduce violations; may take greater account of children In Thailand, discussions between government, industry and consumer groups about restricting food advertising to children In Thailand, discussions between government, industry and consumer groups about restricting food advertising to children Discussion about in-school marketing in India, Malaysia, Thailand Discussion about in-school marketing in India, Malaysia, Thailand

23 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Africa Minimal discussion or regulatory activity Minimal discussion or regulatory activity

24 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Regulatory Activity in Latin America Minimal, but Brazil a notable exception Minimal, but Brazil a notable exception Schools: Restrictions on sales of foods of low nutritional value in Distrito Federal (2005) Schools: Restrictions on sales of foods of low nutritional value in Distrito Federal (2005) Litigation: case against soft drinks makers pending appeal Litigation: case against soft drinks makers pending appeal Self-regulation: New CONAR code Self-regulation: New CONAR code Several bills tabled to restrict food advertising to children Several bills tabled to restrict food advertising to children January 2005 Attorney General requested ANVISA to form a working group to develop a draft resolution to control food marketing to children January 2005 Attorney General requested ANVISA to form a working group to develop a draft resolution to control food marketing to children Will Brazil set a global precedent? Will Brazil set a global precedent?

25 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Number of countries with statutory and self-regulations specific to marketing food to children Increasing global concern; stakeholders responding Increasing global concern; stakeholders responding

26 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Summary of industry and government action Industry Industry Most active - proactively developing self-regulations (10 countries, Brazil makes 11 and more coming), plus schools Most active - proactively developing self-regulations (10 countries, Brazil makes 11 and more coming), plus schools Growth in countries where there is a threat of legislation: 80% of activity in Europe; rest in North America Growth in countries where there is a threat of legislation: 80% of activity in Europe; rest in North America Codes – only provide general guidance; one example of restriction (more in the future on specific marketing techniques) Codes – only provide general guidance; one example of restriction (more in the future on specific marketing techniques) Aggressive lobbying against statutory regulation Aggressive lobbying against statutory regulation Governments Governments Action, yes - but globally, not much real change in statutory regulation; no real new restrictions (some very limited) Action, yes - but globally, not much real change in statutory regulation; no real new restrictions (some very limited) Support for self-regulatory approaches where they exist Support for self-regulatory approaches where they exist Consultation on statutory regulations (Brazil/UK) Consultation on statutory regulations (Brazil/UK) More willing to act in schools More willing to act in schools

27 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. BUT... Governments unwilling to take stringent action Governments unwilling to take stringent action Gaps remain Gaps remain Fewer regulations outside TV advertising, even though this is where growth is most dynamic Fewer regulations outside TV advertising, even though this is where growth is most dynamic Fewer regulatory developments in middle- & low- income countries, even though where advertising markets are growing fastest Fewer regulatory developments in middle- & low- income countries, even though where advertising markets are growing fastest Evidence of impact: difficult to say if changes in regulations have created (or will) a healthier food marketing environment around children Evidence of impact: difficult to say if changes in regulations have created (or will) a healthier food marketing environment around children

28 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Baseline, 2004 Examined regulations in 73 countries Examined regulations in 74 countries

29 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Nutrition Labels: the Global Regulatory Environment, 2004, concluded that: “Many countries have regulations requiring some form of nutrition labelling, with development ongoing in several more…..” “Many countries have regulations requiring some form of nutrition labelling, with development ongoing in several more…..” “Many differences between countries…” “Many differences between countries…” Mandatory or voluntary Mandatory or voluntary Label format Label format Nutrient list Nutrient list

30 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Nutrition labeling regulations worldwide, 2004

31 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Shift from “no regulation” to “voluntary” reflects role of Codex Alimentarius International food code of the FAO/WHO provides guidance on labeling and health claims International food code of the FAO/WHO provides guidance on labeling and health claims Guidelines on Nutrition Labelling and General Standards for the Labelling of and Claims for Prepackaged Foods for Special Dietary Use Guidelines on Nutrition Labelling and General Standards for the Labelling of and Claims for Prepackaged Foods for Special Dietary Use Nutrition labeling should be voluntary unless a nutrition claim is made, or if the food is intended for a special dietary use Nutrition labeling should be voluntary unless a nutrition claim is made, or if the food is intended for a special dietary use

32 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Nutrition labeling regulations worldwide, 2004

33 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “…an increasing number of countries require mandatory labelling” Goes beyond Codex but follows example of United States (1994) Goes beyond Codex but follows example of United States (1994) Brazil (2001), and other MERCOSUL countries (8/2006), Australia and New Zealand (2002)m Canada (2003), Malaysia (on a wide range of foods, 2003), Israel (1993) Brazil (2001), and other MERCOSUL countries (8/2006), Australia and New Zealand (2002)m Canada (2003), Malaysia (on a wide range of foods, 2003), Israel (1993) Affects food industry incentives Affects food industry incentives

34 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “Research from a wide range of countries suggests that…” “…many consumers appreciate nutrition labels & find them important when making food choices, especially when buying product for the first time” [fat, calories]. “…many consumers appreciate nutrition labels & find them important when making food choices, especially when buying product for the first time” [fat, calories]. But “predominant use amongst certain groups: people with a higher level if education and who already have an interest in diet and health” But “predominant use amongst certain groups: people with a higher level if education and who already have an interest in diet and health” And “Labels may create confusion if they are not presented in a format that consumers readily understand” [format, nutrient list] And “Labels may create confusion if they are not presented in a format that consumers readily understand” [format, nutrient list]

35 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “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 function claims Countries most likely to allow nutrient or other function claims Seven countries allow disease-risk reduction claims Seven countries allow disease-risk reduction claims Not then covered by official Codex standard Not then covered by official Codex standard Widespread calls for clearer regulatory framework Widespread calls for clearer regulatory framework Insufficient evidence of health impact Insufficient evidence of health impact Health Claims: the Global Regulatory Environment, 2004, concluded that:

36 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “…regulations [on labeling and claims] should be developed with long-term dietary improvements across populations as their underlying goal” So, since the passage of the Global Strategy on Diet, Physical Activity and Health… Has more attention been paid to the use of nutrition labels and health claims as a means of improving diets? Some highlights…

37 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. General trends Expanding perception of nutrition labeling from “consumers right to information” and “free trade of goods” to “encourage healthier diets” Expanding perception of nutrition labeling from “consumers right to information” and “free trade of goods” to “encourage healthier diets” Increased evidence base on impact – confirms previous findings Increased evidence base on impact – confirms previous findings US: “most people read nutrition labels” but “people with poor literacy and numerical skills struggle to understand food labels” “label use higher among people with more education” and “adolescents need education to learn how to use labels” US: “most people read nutrition labels” but “people with poor literacy and numerical skills struggle to understand food labels” “label use higher among people with more education” and “adolescents need education to learn how to use labels” Europe: consumers value labels and want mandatory labeling, but m ore figures and information do not help consumers understand labels Europe: consumers value labels and want mandatory labeling, but m ore figures and information do not help consumers understand labels China: adolescents don’t use nutrition labels China: adolescents don’t use nutrition labels New Zealand: consumers do not understand sodium information New Zealand: consumers do not understand sodium information Brazil: consumers use nutrition labels but only in a limited way; further educational strategies needed Brazil: consumers use nutrition labels but only in a limited way; further educational strategies needed

38 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Extensive research in UK suggests effective and popular with consumers Europe: increasing interest in “front-of- pack” as labeling perceived as critical for obesity prevention

39 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. “Front-of-pack” labeling explicitly aims to encourage healthy food choices and aims to overcome ‘confusion’ of many label formats * New research suggests that s imple graphics, especially “traffic lights”, can help people make healthier food choices New research suggests that s imple graphics, especially “traffic lights”, can help people make healthier food choices UK Food Standards Agency recommended adoption of “traffic light labeling” in March 2006 UK Food Standards Agency recommended adoption of “traffic light labeling” in March 2006 Development of new, simplified “front of pack” labeling in France, the Netherlands, and Switzerland Development of new, simplified “front of pack” labeling in France, the Netherlands, and Switzerland European Consumers Association currently working to develop a European-wide front-of pack schemes European Consumers Association currently working to develop a European-wide front-of pack schemes New EU Directive released early 2007 – not clear whether will call for front-of pack (or mandatory labeling) New EU Directive released early 2007 – not clear whether will call for front-of pack (or mandatory labeling) * Review of “front-of-pack” nutrition schemes. European Heart Network, September 2006

40 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Industry developing labeling initiatives as pressure rises for action on diet and obesity (and they do not want external regulation) Sainsbury’s supermarkets (UK) Kraft “Sensible Solution” Pepsi “Smart Spot”

41 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. North America: use of labels to drive trans fats out of the food chain USA: implemented January 2006 USA: implemented January 2006 Trans-fats found in fewer and fewer products, but still in “low-quality” products Trans-fats found in fewer and fewer products, but still in “low-quality” products Canada: Implemented December 2005 Canada: Implemented December 2005 Evidence from Canada suggests intake of trans fats dropped since labeling introduced Evidence from Canada suggests intake of trans fats dropped since labeling introduced

42 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Next trend in North America: labeling on restaurant menus Consumer groups propose labeling in restaurants – in USA and Canada Consumer groups propose labeling in restaurants – in USA and Canada Proposed by New York by Department of Health October 2006 Proposed by New York by Department of Health October 2006

43 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Health claims regulations: little action on a global scale, but continued development Codex adopted Guidelines for Use of Nutrition and Health Claims (July 2004) Codex adopted Guidelines for Use of Nutrition and Health Claims (July 2004) Do not permit or prohibit specific claims, but state that disease-risk reduction claims must not imply a food can prevent diseases, must be scientifically substantiated, and should be permitted only within a clear regulatory framework Do not permit or prohibit specific claims, but state that disease-risk reduction claims must not imply a food can prevent diseases, must be scientifically substantiated, and should be permitted only within a clear regulatory framework

44 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Trend towards more permissive environment, as long as scientifically substantiated European Commission Regulation on Nutrition and Health Claims on Foods to be adopted Fall 2006 European Commission Regulation on Nutrition and Health Claims on Foods to be adopted Fall 2006 Will permit specified disease-risk reduction claims throughout Europe, but not disease-prevention/cure claims Will permit specified disease-risk reduction claims throughout Europe, but not disease-prevention/cure claims Claims referring to general wellbeing (e.g."preserves youth"), references to psychological and behavioral functions (e.g. “improves your memory”) and slimming or weight control claims also permitted IF substantiated by scientific evidence Claims referring to general wellbeing (e.g."preserves youth"), references to psychological and behavioral functions (e.g. “improves your memory”) and slimming or weight control claims also permitted IF substantiated by scientific evidence Guidelines for the Scientific Substantiation of Nutrition and Health Claims for Functional Foods developing in Asia Guidelines for the Scientific Substantiation of Nutrition and Health Claims for Functional Foods developing in Asia

45 Conclusions…

46 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Progress since the WHO Global Strategy on Diet, Physical Activity & Health? Regulations to discourage unhealthy marketing? Regulations to discourage unhealthy marketing? Definite progress, but no hard legislation Definite progress, but no hard legislation More comprehensible nutrition labeling? More comprehensible nutrition labeling? Steps being taken, but far from global Steps being taken, but far from global Less misleading health claims? Less misleading health claims? Little, though more permissive trend, & some progress on scientific substantiation Little, though more permissive trend, & some progress on scientific substantiation Overall, industry setting (or trying to!) the agenda

47 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. How can policy makers move forward and make further progress? Understand the policy drivers Understand the policy drivers Be aware of barriers to progress Be aware of barriers to progress Clarify goals Clarify goals Learn from past and ongoing regulatory experiences Learn from past and ongoing regulatory experiences Act! Act!

48 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: what have been the policy drivers? Consumer awareness Consumer awareness Active civil society and media Active civil society and media Pressure (or lack of) from governments, WHO Pressure (or lack of) from governments, WHO Evidence? Evidence? Evidence of impact of regulation not the major driver Evidence of impact of regulation not the major driver Need to act based on health evidence more powerful Need to act based on health evidence more powerful Ethical concerns also paramount Ethical concerns also paramount Ethics – child protection Ethics – child protection Marketing: explains focus on schools Marketing: explains focus on schools Right to (comprehensible?) information Right to (comprehensible?) information Labeling Labeling Food industry pressure Food industry pressure Health claims Health claims

49 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: barriers to progress on regulating marketing Industry opposition (food, advertising, media) Industry opposition (food, advertising, media) Inadequate monitoring of impact of regulations, old and new, on quality, quantity of food marketing and food choices & diets Inadequate monitoring of impact of regulations, old and new, on quality, quantity of food marketing and food choices & diets Different approaches to the evidence for regulation: exploitation of evidence gaps Different approaches to the evidence for regulation: exploitation of evidence gaps Confusion about role of statutory versus self- regulation Confusion about role of statutory versus self- regulation Nutrient profiling: What foods should and should not be advertised? Nutrient profiling: What foods should and should not be advertised?

50 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: barriers to progress on nutrition labeling and health claims Nutrition labeling inadequately viewed as a diet-promotion tool Nutrition labeling inadequately viewed as a diet-promotion tool Despite evidence that labels can be confusing, little awareness of “traffic light” schemes outside Europe Despite evidence that labels can be confusing, little awareness of “traffic light” schemes outside Europe Confusion and complexity Confusion and complexity Food industry schemes? Food industry schemes? Complexity of health claims / scientific substantiation Complexity of health claims / scientific substantiation Nutrient profiling Nutrient 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”? Trade Trade Need for harmonization between nations Need for harmonization between nations Codex moves slowly Codex moves slowly

51 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: state-of-the-art trends Merging of marketing and labeling Merging of marketing and labeling Front-of-pack Front-of-pack Health claims Health claims “Marketing health” “Marketing health” Self-regulation and food industry codes Self-regulation and food industry codes Food industry has the answer – therefore no need for regulation? Food industry has the answer – therefore no need for regulation? Result: big regulatory challenge Result: big regulatory challenge Regulating “health marketing” in an era of self- regulation and support for food industry efforts Regulating “health marketing” in an era of self- regulation and support for food industry efforts

52 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward - clarify goals: what 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 by children (quantity)? To reduced amount of “unhealthy” food marketing experienced by children (quantity)? To encourage children/parents to choose healthier food (outcome)? To encourage children/parents to choose healthier food (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?

53 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: learning from experience With imperfect evidence, need to look to the increasing richness of experiences of regulatory developments in different countries With imperfect evidence, need to look to the increasing richness of experiences of regulatory developments in different countries National context but global learning National context but global learning

54 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Moving forward: action steps needed Set clear goals appropriate to national context Set clear goals appropriate to national context Compare goals: are they the same between stakeholders? Compare goals: are they the same between stakeholders? Determine how regulation can best be tailored to achieve goal, and the role of different stakeholders Determine how regulation can best be tailored to achieve goal, and the role of different stakeholders Take guidance from increasing richness of past regulatory experiences from around the world Take guidance from increasing richness of past regulatory experiences from around the world Draw on evidence, but take a precautionary approach Draw on evidence, but take a precautionary approach Take action in schools Take action in schools Keep a watchful eye on “marketing health”! Keep a watchful eye on “marketing health”! Set the agenda!! Set the agenda!!

55 Brasilia, Oct 24-26, 2006 International Seminar on Food Labeling and Advertisement. Recent growth in activity shows moment to act is now! Obrigada!


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