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Food Labelling Nutrition – Voluntary Schemes
                   Standard Note:    SN/SC/4019
                   Last updated:     5 January 2012
                   Author:           Christopher Barclay
                   Section           Science and Environment Section



   The Coalition Government announced on 20 July 2010 that the Food Standards Agency
    (FSA) would be retained, with a renewed focus on safety. The Department of Health will
    become responsible for nutrition policy in England, and the Department for Environment,
    Food and Rural Affairs will become responsible for Country of Origin Labelling, and
    various other non-safety-related food labelling and food composition policies in England.

   FSA supported the so-called Traffic Light System favoured by some retailers, under
    which foods high in fat, sugar and salt are given a red label, medium foods an orange
    label and low foods a green label.

   Some manufacturers and retailers have adopted a rival scheme, using Guideline Daily
    Amounts (GDAs), which take account of the fact that some foods form only a small part of
    the diet. The label shows the fat, sugar, salt etc compared to the amount that a
    consumer is recommended to have each day.

   The UK Government favours GDA.

   The EU Food Information regulations 2011 will come into force in 2015, requiring some
    mandatory nutritional information. There is scope for introducing a voluntary GDA
    scheme.

   The Coalition Government wants the food industry to fund the Change4life campaign, in
    return for the Government adopting a non-regulatory approach. The Public Health
    Responsibility Deal, 2011, included out of home calorie labelling.

   A study argues that nutritional information does not affect what people actually buy.




Contents

1     The FSA                                                                                2


This information is provided to Members of Parliament in support of their parliamentary duties
and is not intended to address the specific circumstances of any particular individual. It should
not be relied upon as being up to date; the law or policies may have changed since it was last
updated; and it should not be relied upon as legal or professional advice or as a substitute for
it. A suitably qualified professional should be consulted if specific advice or information is
required.

This information is provided subject to our general terms and conditions which are available
online or may be provided on request in hard copy. Authors are available to discuss the
content of this briefing with Members and their staff, but not with the general public.
1.1    Early support for Traffic Light labelling                                                      2
       1.2    Support for a compromise label, March 2010                                                     2

2      Tesco and food manufacturers support for nutritional signposts                                        3

3      European Commission favours Guideline Daily Amounts                                                   4

4      The National Institute for Clinical Excellence                                                        4

5      Andrew Lansley announces a new approach                                                               5

6      Does nutritional labelling influences what people actually buy?                                       6

7      Government policy since the 2010 election                                                             6

8      EU Food Labelling Regulations 2011                                                                    7



1       The FSA
1.1     Early support for Traffic Light labelling
The FSA announced a consultation exercise on 17 November 2005 on different ways of
presenting nutritional information on food packets.1 Two options were considered. One
option was the Traffic Light System where the product is colour coded according to whether it
is high in fat, sugar and salt, with red for high levels, amber for medium and green for low
levels. The other option was Guideline Daily Amounts (GDAs), where the levels of several
nutritional elements are compared with the guideline amounts for daily consumption. After a
consultation exercise, on 9 March 2006 the FSA not only recommended the Traffic Light
System, but also lined up retailers Waitrose, Sainsbury and ASDA in support.2

1.2     Support for a compromise label, March 2010
After it became clear that manufacturers and some retailers would not voluntarily accept the
Traffic Lights System, the Food Standards Agency recommended that its Board accept a
compromise label:

        The Agency has today published a paper, which will be discussed at an open Board
        meeting next week, setting out proposals for front-of-pack (FOP) nutrition labelling. The
        Agency is proposing a flexible approach to implementing a single front-of-pack label to
        help consumers make healthier choices when they buy food.

        In March 2006 the Agency recommended a set of principles for FOP labelling that
        would help consumers easily understand the levels of fat, saturated fat, salt and sugars
        in food products. Currently, the majority of UK food manufacturers and retailers are
        voluntarily using FOP schemes.

        The various FOP labels being used meet some or all of the Agency‟s existing
        recommendations in how the amount of each nutrient (fat, saturated fat, salt and
        sugars) is displayed. Some schemes also use colours other than the Agency‟s


1
    FSA Press Notice, Agency consults on front of pack labelling scheme to help consumers make healthier
    choices, 16 November 2005
2
    Food Standards Agency Press Release, Board agrees principles for front of pack labelling, 9 March 2006
    http://www.food.gov.uk/news/newsarchive/2006/mar/signpostnewsmarch



                                                       2
recommended 'traffic lights' or use colours as a design feature simply to highlight the
        different nutrients: for example, green for fat and yellow for salt.

        An independent evaluation of the effectiveness of these schemes was published in
        May 2009. This robust study found that the co-existence of different FOP labels
        confused consumers. It concluded that the words „high, medium and low‟ were
        understood best, and combining this text with traffic light colours and percentage
        Guideline Daily Amounts (% GDAs) would enable more people to make healthier
        choices easily. However, consumers in 'citizens‟ forums' subsequently run by the
        Agency, particularly liked traffic light colours as an 'at a glance' cue. In the light of this
        evidence, together with feedback from a public consultation, the Agency has
        developed proposals to implement a single approach to FOP labelling.

        The Board paper proposes that the way information about the amount of fat, saturated
        fat, salt and sugars in a product is presented should use three elements: traffic light
        colours, text and % GDAs. Some companies are already using this approach whereas
        others are using FOP schemes that provide some of these elements. To assist the
        transition to this single approach, some flexibility has been included within the
        proposals, which allow a minimum of two elements [to] be used initially.3

That decision partly reflected consumer views on the need for a single system of labelling but
also wanting a greater range of information than is contained in the Traffic Lights System.4

2       Tesco and food manufacturers support for nutritional signposts
Tesco and several major food manufacturers support a different system of nutritional
labelling. Tesco explained its system of signposts in November 2005:

        The signposts clearly show the amount of salt, fat, saturates, sugar and calories in a
        serving of each product in grams. Crucially, labels also show how much of the
        guideline daily amount this makes up – so customers can get an idea of how this fits
        into their diet as a whole…By separating the key nutrients the labels help shoppers
        monitor any or all of the areas they are concerned about depending on the individual
        eg salt if they have high blood pressure or calories if they are watching their waistlines.
        The simple lay out means it is easy for customers to stay within their recommended
        amount without doing complicated calculations.5

On 9 February 2006 five of the UK‟s largest food firms announced their own plan, also with
GDAs, similar to the Tesco scheme.6 Welcoming this initiative, Tesco explained why it did
not favour the Traffic Light System:

        Earlier customer research by Tesco found that Traffic Light labelling is simplistic and
        could mislead customers for example; both cola and apple juice would be colour coded
        amber for sugar – this is likely to confuse customers who are choosing between these
        products. Tesco also found that „Red‟ is taken by customers to mean stop/danger
        rather than warning/consider and could mean that people eliminate certain foods from
        their diet. Whereas by separating the key nutrients in a simple format the labels help




3
    FSA News Release, Agency pushes proposals for better labels, 5 March 2010
4
    FSA News Release, Citizens' forum findings on nutrition labelling, 28 January 2010
5
    Tesco Press Release, Tesco underlines commitment to providing customers with clear nutritional labelling, 16
    November 2005
6
    Nestle Press Release, Leading food manufacturers unite on common front-of-pack nutrition labels,
    9 February 2006



                                                       3
shoppers to monitor parts of the diet that they are concerned about e.g. salt if they
        have high blood pressure.7

3       European Commission favours Guideline Daily Amounts
In January 2008 the European Commission perhaps complicated the position:

        The European Commission has come out in favour of a system of food labelling
        opposed by the UK regulator. The commission is proposing it should be mandatory to
        have guideline daily amounts on the front of packs - a system backed by some UK
        supermarkets. But the UK Food Standards Agency favours a traffic light system,
        where red means fat or sugar levels are high. (…)

        The commission said the draft regulation was simply setting out general requirements
        on how nutritional information on calorie content and fat, sugar and salt levels should
        be displayed. If approved by EU ministers, the proposal would require that the energy,
        fat, saturated fat and carbohydrates content of food per 100mg or per portion are
        displayed clearly on the front of the packet. The labelling would also have to include
        the proportion of those contents in relation to the recommended daily allowance of
        each one. But the commission said there was still scope for each country to promote
        additional national schemes "provided they do not undermine the EU rules".8

It will not be easy to reach agreement within the EU, with many MEPs opposed to the
Commission‟s idea of allowing national labels, amongst other aspects of the scheme.
However, in August 2009, German health insurance firms sent an open letter to the
European Commission and the German Government calling for EU-wide Traffic Light
labelling.9

4       The National Institute for Clinical Excellence
In June 2010 NICE published a report, Prevention of cardiovascular disease at population
level.

        Recommendation 6 Product labelling

        Clear labelling which describes the content of food and drink products is important
        because it helps consumers to make informed choices. It may also be an important
        means of encouraging manufacturers and retailers to reformulate processed foods
        high in saturated fats, salt and added sugars. Evidence shows that simple traffic light
        labelling consistently works better than more complex schemes .

        Policy goals

            Ensure the Food Standards Agency‟s integrated front-of-pack labelling system is
             rapidly implemented.

            Ensure labelling regulations in England are not adversely influenced by EU
             regulation.

        To achieve this, the evidence suggests that the following are among the measures that
        should be considered.

        What action should be taken?

7
    Tesco Press Release, Nutritional signposts welcomed by customers, 9 February 2006
8
    “EU backs rival food label scheme”, BBC News Online, 30 January 2008
9
    “German health insurance schemes call for traffic lights”, EU Food Law, 28 August 2009 p1



                                                       4
    Establish the Food Standards Agency‟s single, integrated, front-of-pack traffic light
              colour-coded system as the national standard for food and drink products sold in
              England. This includes the simple, traffic light, colour-coding visual icon and text
              which indicates whether food or drink contains a „high‟, „medium‟ or „low‟ level of
              salt, fat or sugar. It also includes text to indicate the product‟s percentage
              contribution to the guideline daily amount (GDA) from each category.

             Consider using legislation to ensure universal implementation of the Food
              Standards Agency‟s front-of-pack traffic light labelling system.

             Develop and implement nutritional labelling for use on shelves or packaging for
              bread, cakes, meat and dairy products displayed in a loose or unwrapped state or
              packed on the premises. The labelling should be consistent with the Food
              Standards Agency‟s traffic light labelling system.

             Ensure food and drink labelling is consistent in format and content. In particular, it
              should refer to salt (as opposed to sodium), the content per 100 g and use kcals as
              the measure of energy.

             Continue to support the Food Standards Agency in providing clear information
              about healthy eating.

             Ensure the UK continues to set the standard of best practice by pursuing
              exemption from potentially less effective EU food labelling regulations when
              appropriate.

5        Andrew Lansley announces a new approach
The Guardian reported on 8 July 2010 a speech by Andrew Lansley:

         Food and alcohol companies will fund government's healthy lifestyle ad campaign in
         exchange for a 'non-regulatory approach'

         Beer companies, confectionery firms and crisp-makers will be asked to fund the
         government's advertising campaign to persuade people to switch to a healthier lifestyle
         and, in return, will not face new legislation outlawing excessively fatty, sugary and salty
         food, the health secretary, Andrew Lansley, announced today... Lansley told a
         conference of public health experts that he wanted a new partnership with food and
         drink firms. In exchange for a "non-regulatory approach", the private sector would put
         up cash to fund the Change4Life campaign to improve diets and boost levels of
         physical activity among young people.(...)

         Conceived by Labour, the Change4Life campaign was costed at £75m over three
         years and was already backed by industry, with high street names such as Tesco,
         Coca-Cola, Nestle and Pepsi all offering expertise and support. However, Lansley is
         proposing a radical scaling back of the public contribution to allow "charities, the
         commercial sector, and local authorities to fill the gap". (...)

         Speaking to reporters after his speech to the Faculty of Public Health conference in
         central London, Lansley said Change4Life would also be expanded, to cover alcohol
         misuse which costs the NHS £17bn a year – the same as obesity, which now affects
         one in four Britons.10




10
     “No anti-junk food laws, health secretary promises”, Guardian, 8 July 2010



                                                         5
6        Does nutritional labelling influences what people actually buy?
In February 2011, the Daily Telegraph reported on an American study that challenged the
benefits of nutritional labelling:

         Researchers discovered that even though customers became more aware of how
         much they were eating, it had little effect on what they purchased. Price and taste
         were so powerful motivators that they counteracted any desire to be healthy, it was
         concluded.

         Dr Brian Elbel, who carried out the research for New York University, said that other
         ways of reducing calorie intake were needed.

         "It is important to understand that labelling is not likely to be enough to influence
         obesity in a large scale way," he said.

         Dr Elbel, and his team, carried out the research when New York City introduced a
         blanket policy of calorie labelling at all its fast food outlets. He compared how much it
         changed eating habits compared with similar outlets nearby in New Jersey that did not
         have to label their food.

         He found that teenagers and parents of young children, questioned at the door,
         claimed they were more aware of how many calories they were buying and that it did
         influence their decision. But an analysis of their receipts showed that they continued to
         eat the same calories as counterparts where there was no labelling.

         Dr Elbel and his colleagues gathered receipts and surveys from 427 parents and
         teenagers at fast-food restaurants both before and after mandatory labelling began in
         July 2008. The study did not find a change in the number of calories purchased at
         fast-food restaurants after labelling went into effect. Teenagers purchased about 725
         calories and parents purchased about 600 calories for their children.

         The way food tastes was considered the most important reason that teenagers bought
         it, while price was a consideration for slightly over 50 per cent. Just over a quarter of
         the group said that they often or always limited the amount of food they ate in an effort
         to control their weight. The study also reported that most teenagers underestimated
         the amount of calories they had purchased, some by up to 466 calories.

         The study was published in the International Journal of Obesity.11

7         Government policy since the 2010 election
Secretary of State Andrew Lansley stated his support for GDA rather than traffic lights in
evidence to the Health Committee on 20 July 2010:

         Q39 David Tredinnick: Let us talk about the labelling of food and obesity. I think you
         said, Secretary of State, that you favour the Guideline Daily Amounts whereas the
         Food Standards Agency and NICE have come out clearly in favour of traffic lights. It
         seems to me that the traffic light system of labelling food is very easy to understand on
         a packet. I put it to you that most people have not got time to read instructions on the
         back of a packet, they want a very simple system. If we are actually going to reduce
         obesity in this country we need to recognise that the way to stop getting fat is to stop
         eating fat and we need to make it simple. I would like you to comment on that, please.




11
     “Calorie labelling has no effect on food choices”, Daily Telegraph, 15 February 2011



                                                         6
Mr Lansley: You will recall in November 2004 the previous government published a
         White Paper where they said what they wanted was a single traffic light system where
         it was not even traffic lights in relation to each of sugar, fats, saturated fats, salt,
         calories, et cetera. I objected to that and the reason I objected was very straightforward
         I thought that would have the risk of seriously distorting the nature of the information
         which is provided and would be misleading. The view I took then in November 2004
         was we should focus on encouraging people to have a good diet, not just to try and
         categorise foods as "good" or "bad". The Labour Government subsequently
         abandoned the thought of a single traffic light and moved to multiple traffic lights.

         You said that the Food Standards Agency were in favour of traffic lights as distinct from
         GDA but, in fact, based on their interpretation of the evidence they received their most
         recent view is that what they are looking for is a front of pack food labelling system
         which combines Guideline Daily Amounts and traffic light or visual symbols alongside
         some textual information about the relative level of ingredients. If you were to say what
         did I think about all of that, I have been on the record for years saying that the kind of
         approach adopted, for example, by Asda and McCain, which combined GDA and traffic
         lights, was the system I favoured.

         The point, however, is we have had a government that has been talking about this and
         the FSA have been talking about it, but just go out in a range of supermarkets and tell
         me is there any consistency. No, there is not, so it has not worked, has it? We have no
         power ourselves to mandate this. The European Union are considering the nature of a
         directive. The shape of the directive is clearly from their point of view around
         recommended daily amounts. Frankly, we will be doing well, which would be my
         objective, if we get an opportunity through the European Union for there to be a clear
         legal framework for Guideline Daily Amounts in relation to all the right components to
         be specified on the front of pack in the right way with the ability for us on a voluntary
         basis, on a national basis, to have a traffic light system alongside.12

On 15 March 2011, the Department of Health published the Public Health Responsibility
Deal. Pledges developed by businesses and others under this Deal are intended to
complement, not replace, Government action.

Food pledges include:

         F1. Out of home calorie labelling – We will provide calorie information for food and non
         alcoholic drink for our customers in out of home settings from 1 September 2011 in
         accordance with the principles for calorie labelling agreed by the Responsibility Deal.

         One in six meals, and around 20% of men‟s and 25% of women‟s energy respectively,
         comes from food eaten outside of the home. The provision of out-of-home calorie
         labelling is intended to give people some of the information they need to make
         healthier choices more often when eating out, and to encourage out-of-home food
         businesses to make healthier options more available.

8        EU Food Labelling Regulations 2011
REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 25 October 2011 on the provision of food information to consumers, requires
some mandatory and some voluntary nutritional information.

The Food Standards Agency summarised the food nutrition rules, including those for
voluntary schemes:

12
     Evidence of the Secretary of State to the Health Committee, 20 July 2010, HC 2010-11



                                                       7
Nutrition labelling: 'back of pack' information will become mandatory on the majority of
         prepacked foods, and it will be possible to voluntarily repeat on „front of pack‟
         information on nutrients of importance to public health. It will also be possible to
         provide voluntary nutrition information in the 'front of pack' format on food sold loose
         (eg on deli counters) and in catering establishments. In addition, there remains scope
         for businesses to use Guideline Daily Amounts (GDAs) based on reference intakes
         specified in the regulations and (subject to certain conditions) additional forms of
         expression and presentation.13

The following exchange in October 2011 shows different views on the new regulations:

         Asked By Baroness Oppenheim-Barnes

             To ask Her Majesty's Government whether they are supporting the new food
             nutritional labelling regulations approved by the European Parliament on 6 July;
             and, if so, why.

         The Parliamentary Under-Secretary of State, Department of Health (Earl Howe):
         My Lords, we welcome the new regulation. The UK has led the way in Europe in
         improving nutritional information for consumers. Access to nutritional information
         supports consumers in choosing a balanced diet and can help in controlling calorie
         intake. The regulation meets our main negotiating objectives and will give the UK
         freedom to maintain and build on existing practice.

         Baroness Oppenheim-Barnes: My Lords, I am a little astonished by that response. Is
         my noble friend aware that I have campaigned for many years in your Lordships'
         House for clear, uniform food labelling on pre-packaged goods for easy comparison?
         The FSA produced such labelling, which I understand was approved by all five Select
         Committees but was rejected by the EU, which has now produced something futile,
         pathetic and unenforceable, to put it mildly. Does my noble friend agree that it is time
         for the proverbial worm to turn and to tell the EU that we do not want its version-we
         prefer our own?

         Earl Howe: My Lords, I am not sure that I would accept the epithets that my noble
         friend has applied to this regulation. We have led the way in these negotiations. It is
         true that it has taken some time but we have come away with most, if not all, of our key
         objectives met. Nutritional information will now be displayed in a consistent manner on
         the back of all pre-packed foods, which is a major plus. A voluntary approach has been
         secured for front-of-pack nutrition labelling and for non-pre-packed foods, including
         those sold by caterers. It will also be made easier for alcohol companies to include
         energy information on their products on a voluntary basis. This will give people the
         information they need to make informed choices about what they eat and drink, which
         is the whole idea.14




13
     Food Standards Agency, Providing Food Information for Consumers, 2011
14
     HL Deb 17 October 2011 cc6-7



                                                     8

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Etiquetado nutricional de alimentos en europa

  • 1. Food Labelling Nutrition – Voluntary Schemes Standard Note: SN/SC/4019 Last updated: 5 January 2012 Author: Christopher Barclay Section Science and Environment Section  The Coalition Government announced on 20 July 2010 that the Food Standards Agency (FSA) would be retained, with a renewed focus on safety. The Department of Health will become responsible for nutrition policy in England, and the Department for Environment, Food and Rural Affairs will become responsible for Country of Origin Labelling, and various other non-safety-related food labelling and food composition policies in England.  FSA supported the so-called Traffic Light System favoured by some retailers, under which foods high in fat, sugar and salt are given a red label, medium foods an orange label and low foods a green label.  Some manufacturers and retailers have adopted a rival scheme, using Guideline Daily Amounts (GDAs), which take account of the fact that some foods form only a small part of the diet. The label shows the fat, sugar, salt etc compared to the amount that a consumer is recommended to have each day.  The UK Government favours GDA.  The EU Food Information regulations 2011 will come into force in 2015, requiring some mandatory nutritional information. There is scope for introducing a voluntary GDA scheme.  The Coalition Government wants the food industry to fund the Change4life campaign, in return for the Government adopting a non-regulatory approach. The Public Health Responsibility Deal, 2011, included out of home calorie labelling.  A study argues that nutritional information does not affect what people actually buy. Contents 1 The FSA 2 This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public.
  • 2. 1.1 Early support for Traffic Light labelling 2 1.2 Support for a compromise label, March 2010 2 2 Tesco and food manufacturers support for nutritional signposts 3 3 European Commission favours Guideline Daily Amounts 4 4 The National Institute for Clinical Excellence 4 5 Andrew Lansley announces a new approach 5 6 Does nutritional labelling influences what people actually buy? 6 7 Government policy since the 2010 election 6 8 EU Food Labelling Regulations 2011 7 1 The FSA 1.1 Early support for Traffic Light labelling The FSA announced a consultation exercise on 17 November 2005 on different ways of presenting nutritional information on food packets.1 Two options were considered. One option was the Traffic Light System where the product is colour coded according to whether it is high in fat, sugar and salt, with red for high levels, amber for medium and green for low levels. The other option was Guideline Daily Amounts (GDAs), where the levels of several nutritional elements are compared with the guideline amounts for daily consumption. After a consultation exercise, on 9 March 2006 the FSA not only recommended the Traffic Light System, but also lined up retailers Waitrose, Sainsbury and ASDA in support.2 1.2 Support for a compromise label, March 2010 After it became clear that manufacturers and some retailers would not voluntarily accept the Traffic Lights System, the Food Standards Agency recommended that its Board accept a compromise label: The Agency has today published a paper, which will be discussed at an open Board meeting next week, setting out proposals for front-of-pack (FOP) nutrition labelling. The Agency is proposing a flexible approach to implementing a single front-of-pack label to help consumers make healthier choices when they buy food. In March 2006 the Agency recommended a set of principles for FOP labelling that would help consumers easily understand the levels of fat, saturated fat, salt and sugars in food products. Currently, the majority of UK food manufacturers and retailers are voluntarily using FOP schemes. The various FOP labels being used meet some or all of the Agency‟s existing recommendations in how the amount of each nutrient (fat, saturated fat, salt and sugars) is displayed. Some schemes also use colours other than the Agency‟s 1 FSA Press Notice, Agency consults on front of pack labelling scheme to help consumers make healthier choices, 16 November 2005 2 Food Standards Agency Press Release, Board agrees principles for front of pack labelling, 9 March 2006 http://www.food.gov.uk/news/newsarchive/2006/mar/signpostnewsmarch 2
  • 3. recommended 'traffic lights' or use colours as a design feature simply to highlight the different nutrients: for example, green for fat and yellow for salt. An independent evaluation of the effectiveness of these schemes was published in May 2009. This robust study found that the co-existence of different FOP labels confused consumers. It concluded that the words „high, medium and low‟ were understood best, and combining this text with traffic light colours and percentage Guideline Daily Amounts (% GDAs) would enable more people to make healthier choices easily. However, consumers in 'citizens‟ forums' subsequently run by the Agency, particularly liked traffic light colours as an 'at a glance' cue. In the light of this evidence, together with feedback from a public consultation, the Agency has developed proposals to implement a single approach to FOP labelling. The Board paper proposes that the way information about the amount of fat, saturated fat, salt and sugars in a product is presented should use three elements: traffic light colours, text and % GDAs. Some companies are already using this approach whereas others are using FOP schemes that provide some of these elements. To assist the transition to this single approach, some flexibility has been included within the proposals, which allow a minimum of two elements [to] be used initially.3 That decision partly reflected consumer views on the need for a single system of labelling but also wanting a greater range of information than is contained in the Traffic Lights System.4 2 Tesco and food manufacturers support for nutritional signposts Tesco and several major food manufacturers support a different system of nutritional labelling. Tesco explained its system of signposts in November 2005: The signposts clearly show the amount of salt, fat, saturates, sugar and calories in a serving of each product in grams. Crucially, labels also show how much of the guideline daily amount this makes up – so customers can get an idea of how this fits into their diet as a whole…By separating the key nutrients the labels help shoppers monitor any or all of the areas they are concerned about depending on the individual eg salt if they have high blood pressure or calories if they are watching their waistlines. The simple lay out means it is easy for customers to stay within their recommended amount without doing complicated calculations.5 On 9 February 2006 five of the UK‟s largest food firms announced their own plan, also with GDAs, similar to the Tesco scheme.6 Welcoming this initiative, Tesco explained why it did not favour the Traffic Light System: Earlier customer research by Tesco found that Traffic Light labelling is simplistic and could mislead customers for example; both cola and apple juice would be colour coded amber for sugar – this is likely to confuse customers who are choosing between these products. Tesco also found that „Red‟ is taken by customers to mean stop/danger rather than warning/consider and could mean that people eliminate certain foods from their diet. Whereas by separating the key nutrients in a simple format the labels help 3 FSA News Release, Agency pushes proposals for better labels, 5 March 2010 4 FSA News Release, Citizens' forum findings on nutrition labelling, 28 January 2010 5 Tesco Press Release, Tesco underlines commitment to providing customers with clear nutritional labelling, 16 November 2005 6 Nestle Press Release, Leading food manufacturers unite on common front-of-pack nutrition labels, 9 February 2006 3
  • 4. shoppers to monitor parts of the diet that they are concerned about e.g. salt if they have high blood pressure.7 3 European Commission favours Guideline Daily Amounts In January 2008 the European Commission perhaps complicated the position: The European Commission has come out in favour of a system of food labelling opposed by the UK regulator. The commission is proposing it should be mandatory to have guideline daily amounts on the front of packs - a system backed by some UK supermarkets. But the UK Food Standards Agency favours a traffic light system, where red means fat or sugar levels are high. (…) The commission said the draft regulation was simply setting out general requirements on how nutritional information on calorie content and fat, sugar and salt levels should be displayed. If approved by EU ministers, the proposal would require that the energy, fat, saturated fat and carbohydrates content of food per 100mg or per portion are displayed clearly on the front of the packet. The labelling would also have to include the proportion of those contents in relation to the recommended daily allowance of each one. But the commission said there was still scope for each country to promote additional national schemes "provided they do not undermine the EU rules".8 It will not be easy to reach agreement within the EU, with many MEPs opposed to the Commission‟s idea of allowing national labels, amongst other aspects of the scheme. However, in August 2009, German health insurance firms sent an open letter to the European Commission and the German Government calling for EU-wide Traffic Light labelling.9 4 The National Institute for Clinical Excellence In June 2010 NICE published a report, Prevention of cardiovascular disease at population level. Recommendation 6 Product labelling Clear labelling which describes the content of food and drink products is important because it helps consumers to make informed choices. It may also be an important means of encouraging manufacturers and retailers to reformulate processed foods high in saturated fats, salt and added sugars. Evidence shows that simple traffic light labelling consistently works better than more complex schemes . Policy goals  Ensure the Food Standards Agency‟s integrated front-of-pack labelling system is rapidly implemented.  Ensure labelling regulations in England are not adversely influenced by EU regulation. To achieve this, the evidence suggests that the following are among the measures that should be considered. What action should be taken? 7 Tesco Press Release, Nutritional signposts welcomed by customers, 9 February 2006 8 “EU backs rival food label scheme”, BBC News Online, 30 January 2008 9 “German health insurance schemes call for traffic lights”, EU Food Law, 28 August 2009 p1 4
  • 5. Establish the Food Standards Agency‟s single, integrated, front-of-pack traffic light colour-coded system as the national standard for food and drink products sold in England. This includes the simple, traffic light, colour-coding visual icon and text which indicates whether food or drink contains a „high‟, „medium‟ or „low‟ level of salt, fat or sugar. It also includes text to indicate the product‟s percentage contribution to the guideline daily amount (GDA) from each category.  Consider using legislation to ensure universal implementation of the Food Standards Agency‟s front-of-pack traffic light labelling system.  Develop and implement nutritional labelling for use on shelves or packaging for bread, cakes, meat and dairy products displayed in a loose or unwrapped state or packed on the premises. The labelling should be consistent with the Food Standards Agency‟s traffic light labelling system.  Ensure food and drink labelling is consistent in format and content. In particular, it should refer to salt (as opposed to sodium), the content per 100 g and use kcals as the measure of energy.  Continue to support the Food Standards Agency in providing clear information about healthy eating.  Ensure the UK continues to set the standard of best practice by pursuing exemption from potentially less effective EU food labelling regulations when appropriate. 5 Andrew Lansley announces a new approach The Guardian reported on 8 July 2010 a speech by Andrew Lansley: Food and alcohol companies will fund government's healthy lifestyle ad campaign in exchange for a 'non-regulatory approach' Beer companies, confectionery firms and crisp-makers will be asked to fund the government's advertising campaign to persuade people to switch to a healthier lifestyle and, in return, will not face new legislation outlawing excessively fatty, sugary and salty food, the health secretary, Andrew Lansley, announced today... Lansley told a conference of public health experts that he wanted a new partnership with food and drink firms. In exchange for a "non-regulatory approach", the private sector would put up cash to fund the Change4Life campaign to improve diets and boost levels of physical activity among young people.(...) Conceived by Labour, the Change4Life campaign was costed at £75m over three years and was already backed by industry, with high street names such as Tesco, Coca-Cola, Nestle and Pepsi all offering expertise and support. However, Lansley is proposing a radical scaling back of the public contribution to allow "charities, the commercial sector, and local authorities to fill the gap". (...) Speaking to reporters after his speech to the Faculty of Public Health conference in central London, Lansley said Change4Life would also be expanded, to cover alcohol misuse which costs the NHS £17bn a year – the same as obesity, which now affects one in four Britons.10 10 “No anti-junk food laws, health secretary promises”, Guardian, 8 July 2010 5
  • 6. 6 Does nutritional labelling influences what people actually buy? In February 2011, the Daily Telegraph reported on an American study that challenged the benefits of nutritional labelling: Researchers discovered that even though customers became more aware of how much they were eating, it had little effect on what they purchased. Price and taste were so powerful motivators that they counteracted any desire to be healthy, it was concluded. Dr Brian Elbel, who carried out the research for New York University, said that other ways of reducing calorie intake were needed. "It is important to understand that labelling is not likely to be enough to influence obesity in a large scale way," he said. Dr Elbel, and his team, carried out the research when New York City introduced a blanket policy of calorie labelling at all its fast food outlets. He compared how much it changed eating habits compared with similar outlets nearby in New Jersey that did not have to label their food. He found that teenagers and parents of young children, questioned at the door, claimed they were more aware of how many calories they were buying and that it did influence their decision. But an analysis of their receipts showed that they continued to eat the same calories as counterparts where there was no labelling. Dr Elbel and his colleagues gathered receipts and surveys from 427 parents and teenagers at fast-food restaurants both before and after mandatory labelling began in July 2008. The study did not find a change in the number of calories purchased at fast-food restaurants after labelling went into effect. Teenagers purchased about 725 calories and parents purchased about 600 calories for their children. The way food tastes was considered the most important reason that teenagers bought it, while price was a consideration for slightly over 50 per cent. Just over a quarter of the group said that they often or always limited the amount of food they ate in an effort to control their weight. The study also reported that most teenagers underestimated the amount of calories they had purchased, some by up to 466 calories. The study was published in the International Journal of Obesity.11 7 Government policy since the 2010 election Secretary of State Andrew Lansley stated his support for GDA rather than traffic lights in evidence to the Health Committee on 20 July 2010: Q39 David Tredinnick: Let us talk about the labelling of food and obesity. I think you said, Secretary of State, that you favour the Guideline Daily Amounts whereas the Food Standards Agency and NICE have come out clearly in favour of traffic lights. It seems to me that the traffic light system of labelling food is very easy to understand on a packet. I put it to you that most people have not got time to read instructions on the back of a packet, they want a very simple system. If we are actually going to reduce obesity in this country we need to recognise that the way to stop getting fat is to stop eating fat and we need to make it simple. I would like you to comment on that, please. 11 “Calorie labelling has no effect on food choices”, Daily Telegraph, 15 February 2011 6
  • 7. Mr Lansley: You will recall in November 2004 the previous government published a White Paper where they said what they wanted was a single traffic light system where it was not even traffic lights in relation to each of sugar, fats, saturated fats, salt, calories, et cetera. I objected to that and the reason I objected was very straightforward I thought that would have the risk of seriously distorting the nature of the information which is provided and would be misleading. The view I took then in November 2004 was we should focus on encouraging people to have a good diet, not just to try and categorise foods as "good" or "bad". The Labour Government subsequently abandoned the thought of a single traffic light and moved to multiple traffic lights. You said that the Food Standards Agency were in favour of traffic lights as distinct from GDA but, in fact, based on their interpretation of the evidence they received their most recent view is that what they are looking for is a front of pack food labelling system which combines Guideline Daily Amounts and traffic light or visual symbols alongside some textual information about the relative level of ingredients. If you were to say what did I think about all of that, I have been on the record for years saying that the kind of approach adopted, for example, by Asda and McCain, which combined GDA and traffic lights, was the system I favoured. The point, however, is we have had a government that has been talking about this and the FSA have been talking about it, but just go out in a range of supermarkets and tell me is there any consistency. No, there is not, so it has not worked, has it? We have no power ourselves to mandate this. The European Union are considering the nature of a directive. The shape of the directive is clearly from their point of view around recommended daily amounts. Frankly, we will be doing well, which would be my objective, if we get an opportunity through the European Union for there to be a clear legal framework for Guideline Daily Amounts in relation to all the right components to be specified on the front of pack in the right way with the ability for us on a voluntary basis, on a national basis, to have a traffic light system alongside.12 On 15 March 2011, the Department of Health published the Public Health Responsibility Deal. Pledges developed by businesses and others under this Deal are intended to complement, not replace, Government action. Food pledges include: F1. Out of home calorie labelling – We will provide calorie information for food and non alcoholic drink for our customers in out of home settings from 1 September 2011 in accordance with the principles for calorie labelling agreed by the Responsibility Deal. One in six meals, and around 20% of men‟s and 25% of women‟s energy respectively, comes from food eaten outside of the home. The provision of out-of-home calorie labelling is intended to give people some of the information they need to make healthier choices more often when eating out, and to encourage out-of-home food businesses to make healthier options more available. 8 EU Food Labelling Regulations 2011 REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on the provision of food information to consumers, requires some mandatory and some voluntary nutritional information. The Food Standards Agency summarised the food nutrition rules, including those for voluntary schemes: 12 Evidence of the Secretary of State to the Health Committee, 20 July 2010, HC 2010-11 7
  • 8. Nutrition labelling: 'back of pack' information will become mandatory on the majority of prepacked foods, and it will be possible to voluntarily repeat on „front of pack‟ information on nutrients of importance to public health. It will also be possible to provide voluntary nutrition information in the 'front of pack' format on food sold loose (eg on deli counters) and in catering establishments. In addition, there remains scope for businesses to use Guideline Daily Amounts (GDAs) based on reference intakes specified in the regulations and (subject to certain conditions) additional forms of expression and presentation.13 The following exchange in October 2011 shows different views on the new regulations: Asked By Baroness Oppenheim-Barnes To ask Her Majesty's Government whether they are supporting the new food nutritional labelling regulations approved by the European Parliament on 6 July; and, if so, why. The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): My Lords, we welcome the new regulation. The UK has led the way in Europe in improving nutritional information for consumers. Access to nutritional information supports consumers in choosing a balanced diet and can help in controlling calorie intake. The regulation meets our main negotiating objectives and will give the UK freedom to maintain and build on existing practice. Baroness Oppenheim-Barnes: My Lords, I am a little astonished by that response. Is my noble friend aware that I have campaigned for many years in your Lordships' House for clear, uniform food labelling on pre-packaged goods for easy comparison? The FSA produced such labelling, which I understand was approved by all five Select Committees but was rejected by the EU, which has now produced something futile, pathetic and unenforceable, to put it mildly. Does my noble friend agree that it is time for the proverbial worm to turn and to tell the EU that we do not want its version-we prefer our own? Earl Howe: My Lords, I am not sure that I would accept the epithets that my noble friend has applied to this regulation. We have led the way in these negotiations. It is true that it has taken some time but we have come away with most, if not all, of our key objectives met. Nutritional information will now be displayed in a consistent manner on the back of all pre-packed foods, which is a major plus. A voluntary approach has been secured for front-of-pack nutrition labelling and for non-pre-packed foods, including those sold by caterers. It will also be made easier for alcohol companies to include energy information on their products on a voluntary basis. This will give people the information they need to make informed choices about what they eat and drink, which is the whole idea.14 13 Food Standards Agency, Providing Food Information for Consumers, 2011 14 HL Deb 17 October 2011 cc6-7 8