Transcript Présentation PowerPoint

Food Marketing to Children, Nutrition
Labeling and Health Claims:
Changes in the Global Regulatory
Environment 2004-2006
Corinna Hawkes
Research Fellow
International Food Policy Research Institute
Washington DC
Overview of presentation


Introduction
Marketing food to children



Nutrition labels and health claims



What was the regulatory environment like in 2004?
How has the regulatory environment changed since
2004 (systematic analysis)?
What was the regulatory environment like in 2004?
How has the regulatory environment changed since
2004 (highlights)?
Conclusions: moving forward
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Introduction…
Why are food marketing, labeling & claims so
critical? Major communication channels about food

Advertising and marketing is “upfront”.
 Aims to communicate attractiveness of
product in order to encourage consumption
 Takes many different forms
 Considered negative for health; advertised
products often high-calorie, nutrient-poor

Nutrition labeling is “in the background”.
 Aims to simply communicate information
 Considered positive for health; allows consumers to make healthier
choices

Nutrition and health claims are both marketing and labeling
 Though a label, a form of marketing because “upfront” & aim to
make product more attractive
 Mixed feelings about whether positive or negative for health
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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”
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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.”
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
2004: A Critical Year



Passage of the World Health
Organization’s Global Strategy on
Diet, Physical Activity and Health
Awareness of problem of
poor diets, obesity, and dietrelated chronic diseases
growing at an international
level
Food industry under
unprecedented
pressure to act,
especially
on
marketing
International Seminar on Food Labeling and Advertisement.
MPs deliver ultimatum
to food industry
James Meikle, health
correspondent
Thursday May 27,
Brasilia, Oct 24-26, 2006
2004
Baseline, 2004
Examined regulations
in 74 countries
Examined regulations
in 73 countries
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
How is marketing to children, nutrition labeling
and health claims regulated worldwide…?
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…..”

Combination of:



Statutory regulations: Laws / statutes / legislation;
responsibility of government or a mandated body
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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulations specific to children for different
marketing techniques, worldwide, 2004
100
Statutory regulation
% of 73 countries
90
Self-regulation/non-binding
guidelines
80
70
60
-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
50
40
30
20
10
0
TV
advertis ing
In-s chool
Internet
International Seminar on Food Labeling and Advertisement.
Sponsorship
Sales
promotions
Product
placement
Brasilia, Oct 24-26, 2006
Regulations specific to food for different
marketing techniques, worldwide, 2004
% of 73 countries
100
90
Statutory regulation
80
Self regulation/guidelines
70
- 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
60
50
40
30
20
10
0
TV
Advertising
In-s chool
marketing
Internet
International Seminar on Food Labeling and Advertisement.
Sponsorship
Sales
promotions
Product
placement
Brasilia, Oct 24-26, 2006
“…but there are significant regulatory gaps”

Food


Non-traditional marketing techniques


Existing regulations rarely aimed to reduce
children’s experience of food marketing
Far fewer regulations outside of TV advertising
Regional Focus

Lack of regulations in middle- and low-income
countries
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
“…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…

How have key stakeholders acted on the WHO’s
recommendation to discourage messages that
encourage unhealthy dietary practices?




consumer groups
private industry
governments
Complete update completed in April 2006
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
International Action

WHO consultation on marketing food to children
(Oslo, April 2006)

Recommended statutory regulatory action

International Chamber of Commerce (ICC)
Framework for Responsible Food and Beverage
Communications (2004/06). Food and drink
advertising should not:
I.
II.
III.
IV.
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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Consumer Groups: Calling for Statutory
Regulation

Cynical about self-regulation: proactively lobbying against
self-regulatory “voluntary” approaches

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

Vocal in many world regions
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Examples of consumer group reports and
advocacy positions worldwide, 2004-2006
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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Europe 2004-06: SelfRegulation



New “Principles” from EU food and soft industry trade
groups (CIAA, UNESDA)
New codes in 8 countries (Spain a notable example)
European Commission (EC)
 European Union Platform on Diet, Physical Activity and
Health



encourages self-regulation
requires clear commitments
Green paper “Promoting healthy diets” – states that if
self-regulation fails to produce “satisfactory results”,
other options needed
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Europe 2004-06:
Statutory

EC - revision of EU-wide Television Without Frontiers Directive



Minimum level of regulation on advertising to children
Extended to advertising on newer technologies
Permits product placement – except on “children’s programs”

France–warnings on advertising or 1.5% tax; school restrictions

Ireland–new Children’s Advertising Code (celebrities)

Finland–Children & Foodstuffs Marketing (cartoons, pp)

Italy–law repealed on banning use of children under age of 14

Russia–new time restrictions on advertising to children

UK-school restrictions; consultation; nutrient profile model
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in North America 2004-06

Self-regulation





New food clause in self-regulatory code in Canada
Consultation on CARU code in US (pp, new media)
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
Statutory regulation



In US, new rules for digital media to children
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)
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Australasia/Pacific
2004-06

Self-regulation


Revision of codes on food in Australia and New Zealand
Statutory regulation

Policy review of Children’s Television Standards in Australia
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Asia 2004-06

Self-regulation


Minimal activity
Statutory regulation




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 Thailand, discussions between government, industry and
consumer groups about restricting food advertising to children
Discussion about in-school marketing in India, Malaysia,
Thailand
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Africa 2004-06

Minimal discussion or regulatory activity
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Regulatory Activity in Latin America 2004-06

Minimal, but Brazil a notable exception

Schools: Restrictions on sales of foods of low nutritional
value in Distrito Federal (2005)

Litigation: case against soft drinks makers pending appeal

Self-regulation: New CONAR code

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

Will Brazil set a global precedent?
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Number of countries with statutory and self-regulations specific to
marketing food to children

40
35
Increasing
global
concern;
stakeholders responding
30
25
20
15
10
5
0
TV
Advertising
2004
TV
Advertising
2006
In-school
marketing
2004
In-school
marketing
2006
Internet 2004 Internet 2004 Sponsorship Sponsorship
2004
2006
Statutory regulations
International Seminar on Food Labeling and Advertisement.
Sales
promotions
2004
Sales
promotions
2006
Product
placement
2004
Product
placement
2006
Self regulations
Brasilia, Oct 24-26, 2006
Summary of industry and government action

Industry
 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
 Codes – only provide general guidance; one example of restriction
(more in the future on specific marketing techniques)
 Aggressive lobbying against statutory regulation
Governments
 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
Consultation on statutory regulations (Brazil/UK)

More willing to act in schools

International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
BUT...


Governments unwilling to take stringent action
Gaps remain



Fewer regulations outside TV advertising, even
though this is where growth is most dynamic
Fewer regulatory developments in middle- & lowincome 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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Baseline, 2004
Examined regulations
in 74 countries
Examined regulations
in 73 countries
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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 differences between countries…”



Mandatory or voluntary
Label format
Nutrient list
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Nutrition labeling regulations worldwide, 2004
100
90
80
70
% of 74
countri
es
Voluntary unless a
claim is made or on
foods with special
dietary uses
60
50
40
No
regulation
30
Mandatory
labeling
20
10
0
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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
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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Nutrition labeling regulations worldwide, 2004
100
90
80
70
% of 74
countri
es
Voluntary unless a
claim is made or on
foods with special
dietary uses
60
50
40
No
regulation
30
Mandatory
labeling
20
10
0
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
“…an increasing number of countries require
mandatory labelling”

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)

Affects food industry incentives
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
“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].

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]
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Health Claims: the Global Regulatory
Environment, 2004, concluded that:
Number out of 74 countries
“Internationally and nationally, the regulation of health
claims is in a developmental stage and varies widely
80
between countries and areas…..”
70

60



50
40
30
No
regulation

Many countries had no regulation
Prohibition in many countries to reference to disease
Countries most likely to allow nutrient or other
function claims
Seven countries allow disease-risk reduction claims
Not then covered by official Codex standard
Reference
to disease
prohibited

Nutrient
function or
other
claim s
perm itted
20
Specific disease
reduction claim s
perm itted (or
fram ew ork for
approval)

Widespread calls
for clearer
regulatory
framework
Insufficient
evidence of
health impact
10
0
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
“…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…
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
General trends

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

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
more figures and information do not help consumers understand labels

China: adolescents don’t use nutrition labels

New Zealand: consumers do not understand sodium information

Brazil: consumers use nutrition labels but only in a limited way;
further educational strategies needed
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Europe: increasing interest in “front-ofpack” as labeling perceived as critical
for obesity prevention
Extensive
research in
UK
suggests
effective
and popular
with
consumers
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
“Front-of-pack” labeling explicitly aims to encourage
healthy food choices and aims to overcome
‘confusion’ of many label formats *

New research suggests that simple graphics, especially
“traffic lights”, can help people make healthier food choices

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

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)
* Review of “front-of-pack” nutrition schemes. European Heart Network, September 2006
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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”
International Seminar on Food Labeling and Advertisement.
Pepsi “Smart
Spot”
Brasilia, Oct 24-26, 2006
North America: use of labels to drive trans
fats out of the food chain




USA: implemented January
2006
Trans-fats found in fewer and
fewer products, but still in
“low-quality” products
Canada: Implemented
December 2005
Evidence from Canada
suggests intake of trans fats
dropped since labeling
introduced
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Next trend in North America: labeling on
restaurant menus


Consumer groups propose labeling in restaurants –
in USA and Canada
Proposed by New York by Department of Health
October 2006
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Health claims regulations: little action on a
global scale, but continued development

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
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
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



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
Guidelines for the Scientific Substantiation of Nutrition
and Health Claims for Functional Foods developing in
Asia
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Conclusions…
Progress since the WHO Global Strategy on
Diet, Physical Activity & Health?

Regulations to discourage unhealthy marketing?


More comprehensible nutrition labeling?


Definite progress, but no hard legislation
Steps being taken, but far from global
Less misleading health claims?

Little, though more permissive trend, & some
progress on scientific substantiation
Overall, industry setting (or trying to!) the agenda
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
How can policy makers move forward and
make further progress?





Understand the policy drivers
Be aware of barriers to progress
Clarify goals
Learn from past and ongoing
experiences
Act!
International Seminar on Food Labeling and Advertisement.
regulatory
Brasilia, Oct 24-26, 2006
Moving forward: what have been the policy
drivers?

Consumer awareness



Pressure (or lack of) from governments, WHO
Evidence?




Marketing: explains focus on schools
Right to (comprehensible?) information


Evidence of impact of regulation not the major driver
Need to act based on health evidence more powerful
Ethical concerns also paramount
Ethics – child protection


Active civil society and media
Labeling
Food industry pressure

Health claims
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward: barriers to progress on
regulating marketing





Industry opposition (food, advertising, media)
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
Confusion about role of statutory versus selfregulation
Nutrient profiling: What foods should and should not
be advertised?
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward: barriers to progress on
nutrition labeling and health claims

Nutrition labeling inadequately viewed as a diet-promotion tool



Confusion and complexity
 Food industry schemes?
 Complexity of health claims / scientific substantiation
Nutrient profiling



Despite evidence that labels can be confusing, little awareness of
“traffic light” schemes outside Europe
What foods should have health claims?
What foods should be “red”, “amber” and “green”?
Trade


Need for harmonization between nations
Codex moves slowly
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward: state-of-the-art trends

Merging of marketing and labeling




Self-regulation and food industry codes


Front-of-pack
Health claims
“Marketing health”
Food industry has the answer – therefore no need
for regulation?
Result: big regulatory challenge

Regulating “health marketing” in an era of selfregulation and support for food industry efforts
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward - clarify goals: what do you
want to achieve?

What is the goal of regulating marketing to children?




What is the goal of nutrition labeling?




To encourage “responsible” food marketing to children (quality)?
To reduced amount of “unhealthy” food marketing experienced by
children (quantity)?
To encourage children/parents to choose healthier food (outcome)?
To permit fair trade?
To provide consumers with information?
To promote healthy diets?
What is the goal of regulating health claims?


To prevent misleading claims?
To promote healthy diets?
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward: learning from experience


With imperfect evidence, need to look to the
increasing richness of experiences of regulatory
developments in different countries
National context but global learning
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Moving forward: action steps needed








Set clear goals appropriate to national context
Compare goals: are they the same between
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
Draw on evidence, but take a precautionary approach
Take action in schools
Keep a watchful eye on “marketing health”!
Set the agenda!!
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006
Recent growth in activity shows
moment to act is now!
Obrigada!
International Seminar on Food Labeling and Advertisement.
Brasilia, Oct 24-26, 2006