Carrot not stick
When the European Commission's long-awaited White Paper on nutrition, overweight and obesity was finally published on May 30, many thought it would deliver a significant step towards solving the obesity crisis across Europe.
The result of a long reflection by the Commission, the document follows on from the 2005 Green Paper Promoting healthy diets and physical activity: a European dimension for the prevention of overweight, obesity and chronic diseases and it takes into consideration the results of a wide stakeholder consultation. It should be seen as the European policy paper to help all 27 Member States achieve the goal they committed to when signing the WHO European Charter on Counteracting Obesity in November 2006, to reverse the trend of rising obesity in the EU by 2015.
In order to reach this ambitious and urgent goal, the White Paper proposes a wide range of measures in different areas. Its four main areas of focus are:
Common Agricultural Policy (CAP): it proposes to align the CAP with public health goals, which includes reforming the Common Market Organisation for fruit and vegetables
Consumer information: it stresses the importance of the recently adopted Nutrition and Health Claims Regulation; announces upcoming changes to the rules on nutrition labelling; and asks for further action on food and drink advertising and marketing based on the concept of self-regulation
Product composition: it underlines the need to improve product composition, which includes reformulating products to reduce the levels of salt, sugar and fats, and gives clear recognition of the efforts that have already been undertaken by industry in this area
Physical activity: it announces a future White Paper on Sport in order to promote and facilitate regular exercise, and the Commission plans to publish a Green Paper on Urban Transport in 2007, followed by an action plan in 2008
Unsurprisingly, a number of stakeholders have expressed reservations and criticism about this document, saying that it does not go far enough and fails to take the necessary measures to force industry to change some of its practices. The two most contentious issues are product reformulation and the advertising and marketing of certain foods and drinks to children.
Also, some critics would have liked to see clear commitments from the Commission to propose specific measures on the presence of certain nutrients in foods. The prime example are the countless calls to severely restrict, and even ban, the presence of trans fatty acids in foods.
Although their negative effects on health are indisputable, an immediate ban could, according to the Commission, have an even worse impact on consumer health. This is because the most-used and cheapest alternatives to trans fats are saturated fats which are unquestionably unhealthier than trans fats.
Instead, the Commission opted for a realistic, precautionary approach. It wants to encourage industry to continue its voluntary product reformulations and, at the same time, it is proposing to carry out a study in 2008 exploring the potential for the reformulation of foods to reduce the levels of fat - saturated and trans - as well as salt and sugar.
In other words, the intention is that past and current industry efforts should be encouraged and the consequences on consumer health of any future efforts should be carefully evaluated.
The main criticism of the White Paper is that it relies too much on voluntary measures and self-regulation by industry who, according to some consumer groups, will not be able to deliver the urgent results sought. However, if we take the issue of consumer information as an example, whether it is the information displayed on product labels or the advertising of foods to children, it is difficult to understand how legislation could achieve quicker results than self-regulation.
Knowing the European decision-making system, any decision today to prepare legislation would mean that such legislation would only be in place in three or four years from now. But self-regulation could be agreed and rolled-out across Europe in a few months.
In any case, it would be a mistake to believe that the White Paper now simply gives a blank cheque to industry. The Commission has clearly highlighted that in 2010 it will assess the various measures and initiatives implemented by industry and determine whether legislation is required.
In other words, the Commission's message to industry is: "If you say you can achieve positive results faster and more effectively on a voluntary basis, prove it."
Miguel da Silva is adviser at European Advisory Services (EAS) in Brussels, which specialises in European and international regulation on food and nutritional products.
Contact him at +32 2 218 1470
