The document summarizes changes in the global regulatory environment surrounding food marketing to children, nutrition labeling, and health claims between 2004 and 2006. In 2004, many countries had regulations for marketing to children, but they had significant gaps and focused mainly on television advertising. Since then, there has been rapidly evolving regulatory activity. Consumer groups have called for statutory regulation of all forms of marketing. Many regions and countries have implemented new self-regulatory codes or statutory restrictions on food marketing to children.
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Global Changes in Food Marketing, Labeling and Claims Regulations 2004-2006
1. Food Marketing to Children, NutritionFood Marketing to Children, Nutrition
Labeling and Health Claims:Labeling and Health Claims:
Changes in the Global RegulatoryChanges in the Global Regulatory
Environment 2004-2006Environment 2004-2006
Corinna HawkesCorinna Hawkes
Research FellowResearch Fellow
International Food Policy Research InstituteInternational Food Policy Research Institute
Washington DCWashington DC
2. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Overview of presentationOverview of presentation
IntroductionIntroduction
Marketing food to childrenMarketing 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 sinceHow has the regulatory environment changed since
2004 (systematic analysis)?2004 (systematic analysis)?
Nutrition labels and health claimsNutrition 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 sinceHow has the regulatory environment changed since
2004 (highlights)?2004 (highlights)?
Conclusions: moving forwardConclusions: moving forward
4. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Why are food marketing, labeling & claims soWhy are food marketing, labeling & claims so
critical?critical? Major communication channelsMajor communication channels
about foodabout food
Advertising and marketingAdvertising and marketing isis “upfront”.“upfront”.
Aims to communicateAims to communicate attractivenessattractiveness ofof
product in order to encourage consumptionproduct in order to encourage consumption
Takes many different formsTakes many different forms
Considered negative for health; advertisedConsidered negative for health; advertised
products often high-calorie, nutrient-poorproducts often high-calorie, nutrient-poor
Nutrition labelingNutrition labeling isis “in the background”.
Aims to simply communicateAims to simply communicate informationinformation
Considered positive for health; allows consumers to make healthierConsidered positive for health; allows consumers to make healthier
choiceschoices
Nutrition and health claims are both marketing and labelingNutrition and health claims are both marketing and labeling
Though a label, a form of marketing because “upfront” & aim toThough a label, a form of marketing because “upfront” & aim to
make product more attractivemake product more attractive
Mixed feelings about whether positive or negative for healthMixed 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,Food marketing to children, labeling,
claims: critical policiesclaims: critical policies
WHO Global Strategy on Diet, Physical ActivityWHO Global Strategy on Diet, Physical Activity
and Health: Marketingand Health: Marketing
““Messages that encourage unhealthy dietary practices …Messages that encourage unhealthy dietary practices …
should be discouraged and positive, healthy messagesshould be discouraged and positive, healthy messages
encouraged.”encouraged.”
““Governments should work with consumer groups andGovernments should work with consumer groups and
the private sector (including advertising) to developthe private sector (including advertising) to develop
appropriate multisectoral approaches to deal with theappropriate multisectoral approaches to deal with the
marketing of food to children”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 andWHO Global Strategy on Diet, Physical Activity and
Health:Health: Labeling and health claimsLabeling and health claims
““Consumers require accurate, standardized andConsumers require accurate, standardized and
comprehensible information on the content of foodcomprehensible information on the content of food
items in order to make healthy choices. Governmentsitems in order to make healthy choices. Governments
may require information to be provided on keymay require information to be provided on key
nutritional aspects, as proposed in the Codexnutritional aspects, as proposed in the Codex
Guidelines on Nutrition Labelling.”Guidelines on Nutrition Labelling.”
““ Health-related messages… must not mislead the publicHealth-related messages… must not mislead the public
about nutritional benefits or risks.”about nutritional benefits or risks.”
7. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
2004: A Critical Year2004: A Critical Year
Passage of the World HealthPassage of the World Health
Organization’s Global Strategy onOrganization’s Global Strategy on
Diet, Physical Activity and HealthDiet, Physical Activity and Health
Awareness of problem ofAwareness of problem of
poor diets, obesity, and diet-poor diets, obesity, and diet-
related chronic diseasesrelated chronic diseases
growing at an internationalgrowing at an international
levellevel
MPs deliver ultimatum
to food industry
James Meikle, health
correspondent
Thursday May 27, 2004
Food industry underFood industry under
unprecedented pressureunprecedented pressure
to act, especially onto act, especially on
marketingmarketing
8. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Baseline, 2004Baseline, 2004
Examined regulations
in 73 countries
Examined regulations
in 74 countries
9. How is marketing to children, nutritionHow is marketing to children, nutrition
labeling and health claims regulatedlabeling and health claims regulated
worldwide…?worldwide…?
10. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Marketing Food to Children: the GlobalMarketing Food to Children: the Global
Regulatory Environment,Regulatory Environment, 2004,2004, concludedconcluded
that:that:
““Many countries already have in place a range ofMany countries already have in place a range of
regulations applicable to the marketing of food toregulations applicable to the marketing of food to
children…..”children…..”
Combination of:Combination of:
Statutory regulations:Statutory regulations: Laws / statutes / legislation;Laws / statutes / legislation;
responsibility of government or a mandated bodyresponsibility of government or a mandated body
Government guidelines:Government guidelines: Produced by government butProduced by government but
not legally bindingnot legally binding
Self-regulations:Self-regulations: Industry codes of practice and a processIndustry codes of practice and a process
for the establishment, review and application of the code offor the establishment, review and application of the code of
practicepractice
11. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulations specific to children forRegulations specific to children for
different marketing techniques,different marketing techniques,
worldwide, 2004worldwide, 2004
0
10
20
30
40
50
60
70
80
90
100
%of73countries
TV
advertising
In-school Internet Sponsorship Sales
promotions
Product
placement
Statutory regulation
Self-regulation/non-binding
guidelines
-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 differentRegulations specific to food for different
marketing techniques, worldwide, 2004marketing techniques, worldwide, 2004
0
10
20
30
40
50
60
70
80
90
100
%of73countries
TV
Advertising
In-school
marketing
Internet Sponsorship Sales
promotions
Product
placement
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
13. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
“…“…but there are significant regulatorybut there are significant regulatory
gaps”gaps”
FoodFood
Existing regulations rarely aimed to reduceExisting regulations rarely aimed to reduce
children’s experience of food marketingchildren’s experience of food marketing
Non-traditional marketing techniquesNon-traditional marketing techniques
Far fewer regulations outside of TV advertisingFar fewer regulations outside of TV advertising
Regional FocusRegional Focus
Lack of regulations in middle- and low-incomeLack of regulations in middle- and low-income
countriescountries
14. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
“…“…but the regulatory environmentbut the regulatory environment
surrounding marketing food to children issurrounding marketing food to children is
evolving rapidly”evolving rapidly”
So, since the passage of the Global Strategy onSo, since the passage of the Global Strategy on
Diet, Physical Activity and Health…Diet, Physical Activity and Health…
How have key stakeholders acted on the WHO’sHow have key stakeholders acted on the WHO’s
recommendation to discourage messages thatrecommendation to discourage messages that
encourage unhealthy dietary practices?encourage unhealthy dietary practices?
consumer groupsconsumer groups
private industryprivate industry
governmentsgovernments
Complete update completed in April 2006Complete update completed in April 2006
15. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
International ActionInternational Action
WHO consultation on marketing food to childrenWHO consultation on marketing food to children
(Oslo, April 2006)(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 BeverageFramework for Responsible Food and Beverage
Communications (2004/06).Communications (2004/06). Food and drinkFood and drink
advertising should not:advertising should not:
I.I. Promote “excessive” consumptionPromote “excessive” consumption
II.II. Undermine the importance of a healthy dietUndermine the importance of a healthy diet
III.III. Undermine role of parents in providing nutritional adviceUndermine role of parents in providing nutritional advice
IV.IV. Mislead children about the quality and value of the foodMislead children about the quality and value of the food
16. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Consumer Groups:Consumer Groups: Calling for StatutoryCalling for Statutory
RegulationRegulation
Cynical about self-regulation: proactively lobbying againstCynical about self-regulation: proactively lobbying against
self-regulatory “voluntary” approachesself-regulatory “voluntary” approaches
Stepped up campaigns calling for statutory regulation - onStepped up campaigns calling for statutory regulation - on
all forms of marketingall forms of marketing
Produced numerous reports indicating that marketing ofProduced numerous reports indicating that marketing of
energy-dense, nutrient-poor foods are continuing – andenergy-dense, nutrient-poor foods are continuing – and
intensifyingintensifying
Vocal in many world regionsVocal in many world regions
17. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Examples of consumer group reports andExamples of consumer group reports and
advocacy positions worldwide, 2004-2006advocacy positions worldwide, 2004-2006
AsiaAsia
- 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 PacificAustralia 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 ban
EuropeEurope
- 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
18. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in Europe 2004-06:Regulatory Activity in Europe 2004-06:
Self-RegulationSelf-Regulation
New “Principles” from EU food and soft industry tradeNew “Principles” from EU food and soft industry trade
groups (CIAA, UNESDA)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 andEuropean Union Platform on Diet, Physical Activity and
HealthHealth
encourages self-regulationencourages self-regulation
requires clear commitmentsrequires clear commitments
Green paper “Promoting healthy diets” – states that ifGreen paper “Promoting healthy diets” – states that if
self-regulation fails to produce “satisfactory results”,self-regulation fails to produce “satisfactory results”,
other options neededother options needed
19. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in Europe 2004-06:Regulatory Activity in Europe 2004-06:
StatutoryStatutory
EC - revision of EU-wide Television Without Frontiers DirectiveEC - revision of EU-wide Television Without Frontiers Directive
Minimum level of regulation on advertising to childrenMinimum 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 restrictionsFrance–warnings on advertising or 1.5% tax; school restrictions
Ireland–newIreland–new Children’s Advertising CodeChildren’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 14Italy–law repealed on banning use of children under age of 14
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
20. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in North AmericaRegulatory 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 AssociationNew schools guidelines from American Beverage Association
Pressure from reportsPressure from reports from thefrom the Institute of Medicine of theInstitute of Medicine of the
National Academy of Sciences on obesity and marketingNational Academy of Sciences on obesity and marketing
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 6/10New/revised guidelines restricting product sales in 6/10
Canadian provinces, 15/52 US statesCanadian provinces, 15/52 US states
Litigation against food companies (1 new lawsuit; anotherLitigation against food companies (1 new lawsuit; another
developed and forced negotiations; 1 pending appeal)developed and forced negotiations; 1 pending appeal)
21. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in Australasia/PacificRegulatory Activity in Australasia/Pacific
2004-062004-06
Self-regulationSelf-regulation
Revision of codes on food in Australia and New ZealandRevision of codes on food in Australia and New Zealand
Statutory regulationStatutory regulation
Policy review of Children’s Television Standards in AustraliaPolicy 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 2004-06Regulatory Activity in Asia 2004-06
Self-regulationSelf-regulation
Minimal activityMinimal activity
Statutory regulationStatutory regulation
In China, government concern about advertisement contentIn China, government concern about advertisement content
(decency etc); bill proposed to restrict advertising to children(decency etc); bill proposed to restrict advertising to children
In India, revision of existing codes to reduce violations; mayIn India, revision of existing codes to reduce violations; may
take greater account of childrentake greater account of children
In Thailand, discussions between government, industry andIn Thailand, discussions between government, industry and
consumer groups about restricting food advertising toconsumer groups about restricting food advertising to
childrenchildren
Discussion about in-school marketing in India, Malaysia,Discussion about in-school marketing in India, Malaysia,
ThailandThailand
23. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in Africa 2004-06Regulatory Activity in Africa 2004-06
Minimal discussion or regulatory activityMinimal discussion or regulatory activity
24. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Regulatory Activity in Latin AmericaRegulatory Activity in Latin America
2004-062004-06
Minimal, but Brazil a notable exceptionMinimal, but Brazil a notable exception
SchoolsSchools: Restrictions on sales of foods of low nutritional value: Restrictions on sales of foods of low nutritional value
in Distrito Federal (2005)in Distrito Federal (2005)
LitigationLitigation: case against soft drinks makers pending appeal: case against soft drinks makers pending appeal
Self-regulationSelf-regulation: New CONAR code: New CONAR code
SeveralSeveral billsbills tabled to restrict food advertising to childrentabled to restrict food advertising to children
January 2005 Attorney General requested ANVISA to form aJanuary 2005 Attorney General requested ANVISA to form a
working group to develop aworking group to develop a draft resolutiondraft resolution to control foodto control food
marketing to childrenmarketing 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-regulationsNumber of countries with statutory and self-regulations
specific to marketing food to childrenspecific to marketing food to children
0
5
10
15
20
25
30
35
40
TV
Advertising
2004
TV
Advertising
2006
In-school
marketing
2004
In-school
marketing
2006
Internet 2004 Internet 2004 Sponsorship
2004
Sponsorship
2006
Sales
promotions
2004
Sales
promotions
2006
Product
placement
2004
Product
placement
2006
Statutory regulations Self regulations
Increasing global concern;Increasing global concern;
stakeholders respondingstakeholders responding
26. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Summary of industry and governmentSummary of industry and government
actionaction
IndustryIndustry
Most active - proactively developing self-regulations (10 countries,Most active - proactively developing self-regulations (10 countries,
Brazil makes 11 and more coming), plus schoolsBrazil makes 11 and more coming), plus schools
Growth in countries where there is a threat of legislation: 80% ofGrowth in countries where there is a threat of legislation: 80% of
activity in Europe; rest in North Americaactivity in Europe; rest in North America
Codes – only provide general guidance; one example of restrictionCodes – only provide general guidance; one example of restriction
(more in the future on specific marketing techniques)(more in the future on specific marketing techniques)
Aggressive lobbying against statutory regulationAggressive lobbying against statutory regulation
GovernmentsGovernments
Action, yes - but globally, not much real change in statutoryAction, 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
27. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
BUT...BUT...
Governments unwilling to take stringent actionGovernments unwilling to take stringent action
Gaps remainGaps remain
Fewer regulations outside TV advertising, evenFewer 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 advertisingincome countries, even though where advertising
markets are growing fastestmarkets are growing fastest
Evidence of impact:Evidence of impact: difficult to say if changes indifficult to say if changes in
regulations have created (or will) a healthier foodregulations have created (or will) a healthier food
marketing environment around childrenmarketing environment around children
28. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Baseline, 2004Baseline, 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 RegulatoryNutrition Labels: the Global Regulatory
Environment,Environment, 2004,2004, concluded that:concluded that:
““Many countries have regulations requiringMany countries have regulations requiring
some form of nutrition labelling, withsome form of nutrition labelling, with
development ongoing in several more…..”development ongoing in several more…..”
““Many differences between countries…”Many differences between countries…”
Mandatory or voluntaryMandatory or voluntary
Label formatLabel format
Nutrient listNutrient list
30. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Nutrition labeling regulations
worldwide, 2004
0
10
20
30
40
50
60
70
80
90
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 w ith sp e c ia l d ie ta ry u se s
M a 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
31. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Shift from “no regulation” to “voluntary”Shift from “no regulation” to “voluntary”
reflects role of Codex Alimentariusreflects role of Codex Alimentarius
International food code of the FAO/WHOInternational food code of the FAO/WHO
provides guidance on labeling and health claimsprovides guidance on labeling and health claims
Guidelines on Nutrition LabellingGuidelines on Nutrition Labelling andand GeneralGeneral
Standards for the Labelling of and Claims forStandards for the Labelling of and Claims for
Prepackaged Foods for Special Dietary UsePrepackaged Foods for Special Dietary Use
Nutrition labeling should beNutrition labeling should be voluntaryvoluntary unless aunless a
nutrition claim is made, or if the food is intendednutrition claim is made, or if the food is intended
for a special dietary usefor a special dietary use
32. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Nutrition labeling regulations
worldwide, 2004
0
10
20
30
40
50
60
70
80
90
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 w ith sp e c ia l d ie ta ry u se s
M a 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
33. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
“…“…an increasing number of countriesan increasing number of countries
require mandatory labelling”require mandatory labelling”
Goes beyond Codex but follows example of UnitedGoes beyond Codex but follows example of United
States (1994)States (1994)
Brazil (2001), and other MERCOSUL countriesBrazil (2001), and other MERCOSUL countries
(8/2006), Australia and New Zealand (2002)m Canada(8/2006), Australia and New Zealand (2002)m Canada
(2003), Malaysia (on a wide range of foods, 2003),(2003), Malaysia (on a wide range of foods, 2003),
Israel (1993)Israel (1993)
Affects food industry incentivesAffects food industry incentives
34. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
““Research from a wide range of countriesResearch from a wide range of countries
suggests that…”suggests that…”
“…“…many consumers appreciate nutrition labels & find themmany consumers appreciate nutrition labels & find them
important when making food choices, especially whenimportant when making food choices, especially when
buying product for the first time”buying product for the first time” [fat, calories].[fat, calories].
ButBut “predominant use amongst certain groups: people with“predominant use amongst certain groups: people with
a higher level if education and who already have an interesta higher level if education and who already have an interest
in diet and health”in diet and health”
AndAnd “Labels may create confusion if they are not presented“Labels may create confusion if they are not presented
in a format that consumers readily understand”in a format that consumers readily understand” [format,[format,
nutrient list]nutrient list]
35. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
0
10
20
30
40
50
60
70
80
Numberoutof74countries
N o re g u la tio n R e fe re n c e to d ise a se p ro h ib ite d N u 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 w o rk fo r a p p ro v a l)
Specific disease
reduction claim s
perm itted (or
fram ew ork 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 regulationMany countries had no regulation
Prohibition in many countries to reference to diseaseProhibition in many countries to reference to disease
Countries most likely to allow nutrient or other functionCountries most likely to allow nutrient or other function
claimsclaims
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 callsWidespread calls
for clearerfor clearer
regulatoryregulatory
frameworkframework
InsufficientInsufficient
evidence of healthevidence of health
impactimpact
Health Claims: the Global RegulatoryHealth Claims: the Global Regulatory
Environment,Environment, 2004,2004, concluded that:concluded that:
36. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
“…“…regulations [on labeling and claims]regulations [on labeling and claims]
should be developed with long-term dietaryshould be developed with long-term dietary
improvements across populations as theirimprovements across populations as their
underlying goal”underlying goal”
So, since the passage of the Global Strategy onSo, since the passage of the Global Strategy on
Diet, Physical Activity and Health…Diet, Physical Activity and Health…
Has more attention been paid to the use of nutritionHas more attention been paid to the use of nutrition
labels and health claims as a means of improvinglabels and health claims as a means of improving
diets?diets?
Some highlights…Some highlights…
37. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
General trendsGeneral trends
Expanding perception of nutrition labeling fromExpanding perception of nutrition labeling from “consumers right to“consumers right to
information”information” andand “free trade of goods”“free trade of goods” toto “encourage healthier diets”“encourage healthier 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 labels”literacy and numerical skills struggle to understand food labels”
“label use higher among people with more education” and“label use higher among people with more education” and
“adolescents need education to learn how to use labels”“adolescents need education to learn how to use labels”
Europe:Europe: consumers value labels and want mandatory labeling, butconsumers value labels and want mandatory labeling, but
mmore figures and information do not help consumers understand labelsore figures and information do not help consumers understand labels
China:China: adolescents don’t use nutrition labelsadolescents don’t use nutrition labels
New Zealand:New Zealand: consumers do not understand sodium informationconsumers do not understand sodium information
Brazil:Brazil: consumers use nutrition labels but only in a limited way;consumers use nutrition labels but only in a limited way;
further educational strategies neededfurther 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-Europe: increasing interest in “front-
of-pack” as labeling perceived asof-pack” as labeling perceived as
critical for obesity preventioncritical for obesity prevention
39. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
““Front-of-pack” labeling explicitly aims toFront-of-pack” labeling explicitly aims to
encourage healthy food choices and aims toencourage 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, especiallyimple graphics, especially
“traffic lights”, can help people make healthier food“traffic lights”, can help people make healthier food
choiceschoices
UK Food Standards Agency recommended adoption ofUK Food Standards Agency recommended adoption of
“traffic light labeling” in March 2006“traffic light labeling” in March 2006
Development of new, simplified “front of pack” labelingDevelopment of new, simplified “front of pack” labeling
in France, the Netherlands, and Switzerlandin France, the Netherlands, and Switzerland
European Consumers Association currently working toEuropean Consumers Association currently working to
develop a European-wide front-of pack schemesdevelop a European-wide front-of pack schemes
New EU Directive released early 2007 – not clearNew EU Directive released early 2007 – not clear
whether will call for front-of pack (or mandatorywhether will call for front-of pack (or mandatory
labeling)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 asIndustry developing labeling initiatives as
pressure rises for action on diet and obesity (andpressure rises for action on diet and obesity (and
they do not want external regulation)they do not want external regulation)
Sainsbury’sSainsbury’s
supermarketssupermarkets
(UK)(UK)
Kraft “SensibleKraft “Sensible
Solution”Solution”
Pepsi “SmartPepsi “Smart
Spot”Spot”
41. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
North America: use of labels to drive transNorth America: use of labels to drive trans
fats out of the food chainfats out of the food chain
USA: implemented JanuaryUSA: implemented January
20062006
Trans-fats found in fewer andTrans-fats found in fewer and
fewer products, but still infewer products, but still in
“low-quality” products“low-quality” products
Canada: ImplementedCanada: Implemented
December 2005December 2005
Evidence from CanadaEvidence from Canada
suggests intake of trans fatssuggests intake of trans fats
dropped since labelingdropped since labeling
introducedintroduced
42. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Next trend in North America: labeling onNext trend in North America: labeling on
restaurant menusrestaurant menus
Consumer groups propose labeling in restaurants –Consumer groups propose labeling in restaurants –
in USA and Canadain USA and Canada
Proposed by New York by Department of HealthProposed by New York by Department of Health
October 2006October 2006
43. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Health claims regulations: little action onHealth claims regulations: little action on
a global scale, but continued developmenta global scale, but continued development
Codex adopted Guidelines for Use of NutritionCodex adopted Guidelines for Use of Nutrition
and Health Claims (July 2004)and Health Claims (July 2004)
Do not permit or prohibit specific claims, but stateDo not permit or prohibit specific claims, but state
that disease-risk reduction claims must not imply athat disease-risk reduction claims must not imply a
food can prevent diseases, must be scientificallyfood can prevent diseases, must be scientifically
substantiated,substantiated, and should be permitted onlyand should be permitted only
within a clear regulatory frameworkwithin a clear regulatory framework
44. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Trend towards more permissiveTrend towards more permissive
environment, as long as scientificallyenvironment, as long as scientifically
substantiatedsubstantiated
European Commission Regulation on Nutrition andEuropean 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 claimsWill permit specified disease-risk reduction claims
throughout Europe, but not disease-prevention/cure claimsthroughout Europe, but not disease-prevention/cure claims
Claims referring to general wellbeing (e.g."preserves youth"),Claims referring to general wellbeing (e.g."preserves youth"),
references to psychological and behavioral functions (e.g.references to psychological and behavioral functions (e.g.
“improves your memory”) and slimming or weight control“improves your memory”) and slimming or weight control
claims also permitted IF substantiated by scientific evidenceclaims also permitted IF substantiated by scientific evidence
Guidelines for the Scientific Substantiation ofGuidelines for the Scientific Substantiation of
Nutrition and Health Claims for Functional FoodsNutrition and Health Claims for Functional Foods
developing in Asiadeveloping in Asia
46. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Progress since the WHO Global StrategyProgress since the WHO Global Strategy
on Diet, Physical Activity & Health?on Diet, Physical Activity & 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, & someLittle, though more permissive trend, & some
progress on scientific substantiationprogress on scientific substantiation
Overall, industry setting (or trying to!) the agendaOverall, 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 andHow can policy makers move forward and
make further progress?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 regulatoryLearn from past and ongoing regulatory
experiencesexperiences
Act!Act!
48. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Moving forward: what have been the policyMoving forward: what have been the policy
drivers?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 protectionEthics – child protection
Marketing: explains focus on schoolsMarketing: explains focus on schools
Right to (Right to (comprehensible?comprehensible?) information) information
LabelingLabeling
Food industry pressureFood industry pressure
Health claimsHealth claims
49. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Moving forward: barriers to progress onMoving forward: barriers to progress on
regulating marketingregulating marketing
Industry opposition (food, advertising, media)Industry opposition (food, advertising, media)
Inadequate monitoring of impact of regulations, oldInadequate monitoring of impact of regulations, old
and new, onand new, on quality, quantityquality, quantity of food marketing andof food marketing and
food choices & dietsfood choices & diets
Different approaches to the evidence for regulation:Different approaches to the evidence for regulation:
exploitation of evidence gapsexploitation of evidence gaps
Confusion about role of statutory versus self-Confusion about role of statutory versus self-
regulationregulation
Nutrient profiling: What foods should and shouldNutrient profiling: What foods should and should
not be advertised?not be advertised?
50. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Moving forward: barriers to progress onMoving forward: barriers to progress on
nutrition labeling and health claimsnutrition labeling and health claims
Nutrition labeling inadequately viewed as a diet-promotionNutrition labeling inadequately viewed as a diet-promotion
tooltool
Despite evidence that labels can be confusing, little awareness ofDespite evidence that labels can be confusing, little awareness of
“traffic light” schemes outside Europe“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
51. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Moving forward: state-of-the-art trendsMoving forward: state-of-the-art trends
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 needFood industry has the answer – therefore no need
for regulation?for regulation?
Result: big regulatory challengeResult: big regulatory challenge
Regulating “health marketing” in an era of self-Regulating “health marketing” in an era of self-
regulation and support for food industry effortsregulation and support for food industry efforts
52. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Moving forward - clarify goals: what doMoving forward - clarify goals: what do
you want to achieve?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 byTo reduced amount of “unhealthy” food marketing experienced by
children (quantity)?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 experienceMoving forward: learning from experience
With imperfect evidence, need to look to theWith imperfect evidence, need to look to the
increasing richness of experiences of regulatoryincreasing richness of experiences of regulatory
developments in different countriesdevelopments in different countries
National context but global learningNational context but global learning
54. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
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 betweenCompare goals: are they the same between
stakeholders?stakeholders?
Determine how regulation can best be tailored toDetermine 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 pastTake guidance from increasing richness of past
regulatory experiences from around the worldregulatory experiences from around the world
Draw on evidence, but take a precautionary approachDraw on evidence, but take a precautionary 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!!
55. Brasilia, Oct
24-26, 2006
International Seminar on Food Labeling
and Advertisement.
Recent growth in activity showsRecent growth in activity shows
moment to act is now!moment to act is now!
Obrigada!Obrigada!
Hinweis der Redaktion
Like to start out by reminding the audience what the WHO Global Strategy actually says about marketing food to children. It says:
So the questio is: what has happened in the two years since the WHO called for action on this issue?
Like to start out by reminding the audience what the WHO Global Strategy actually says about marketing food to children. It says:
So the questio is: what has happened in the two years since the WHO called for action on this issue?
When the Global Strategy was passed, we knew what the global regukatory environment looked lke, as detailed in this report, which showed that most countries do have some form of regultion that could be applied to advertising to children in the form of statutriy regukation – lesilation laws that are the reponsibility of governments, government guidelines, which are natioial or local guidelines issues by governmens but not legall binding, or self-regulation, which is the term used to denote regulation by industry itself through the development of a self-regulatory organization and a code to which industry voluntarily agrees to adhere to
When the Global Strategy was passed, we knew what the global regukatory environment looked lke, as detailed in this report, which showed that most countries do have some form of regultion that could be applied to advertising to children in the form of statutriy regukation – lesilation laws that are the reponsibility of governments, government guidelines, which are natioial or local guidelines issues by governmens but not legall binding, or self-regulation, which is the term used to denote regulation by industry itself through the development of a self-regulatory organization and a code to which industry voluntarily agrees to adhere to
So this is what the picture looked like in 2004 : a majority of the countries reviewed had in place some form of regulation of television advertising.
- But mainly general guidelines about the need to not mislead or exploit the credulity of children
- Some time and content restrictions
- 3 countries ban TV advertising to children
TV advertising: 85% of 73 countries (63% laws, 70% self-regulation, 44% timing or content restrictions
In-school marketing: 33% (18 laws)
Internet: 18% (8% laws) focused on advertising
Sponsorship: 8% (3% laws) Only for TV; nothing else
Product placement: 32% (32% laws) focused on TV, and none mention children
TV advertising (46 stat / 51 self)
In-school(17/9)
Product placement (23/0)
Internet (6/8)
Sponsorship (2/4)
Sales promotions (0/5)
The picture changes when we look at regulations specific to food, where there were far fewer regulations, and it was not at all clear in most cases how they were applied
So the second part of that conclusion was that there were significant regulatory gaps
From Australa to Thailand to India to Fiji and indeed most countries in Western Europe, consumer groups – producing reports suggesting high levels of advertising; call for bans and restrictions of various types
And not only consumer groups but medical and teachers associations as well
When the Global Strategy was passed, we knew what the global regukatory environment looked lke, as detailed in this report, which showed that most countries do have some form of regultion that could be applied to advertising to children in the form of statutriy regukation – lesilation laws that are the reponsibility of governments, government guidelines, which are natioial or local guidelines issues by governmens but not legall binding, or self-regulation, which is the term used to denote regulation by industry itself through the development of a self-regulatory organization and a code to which industry voluntarily agrees to adhere to
When the Global Strategy was passed, we knew what the global regukatory environment looked lke, as detailed in this report, which showed that most countries do have some form of regultion that could be applied to advertising to children in the form of statutriy regukation – lesilation laws that are the reponsibility of governments, government guidelines, which are natioial or local guidelines issues by governmens but not legall binding, or self-regulation, which is the term used to denote regulation by industry itself through the development of a self-regulatory organization and a code to which industry voluntarily agrees to adhere to
So the second part of that conclusion was that there were significant regulatory gaps
But the third part is that the regulatory environment is rapidly evolving. That was just before the Global Strategy was passed ; in the time since then, what have key stakeholders being doing to address marketing that encourages unheathy dietary practices among children?
The Global Strategy identified 3 key stakeholders