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Regulatory Map of Front Labeling in Argentina

From Fundeps and Fundación Sanar we present the Regulatory Map of Front Labeling in Argentina, a website that shows the progress of the 23 provinces and the Autonomous City of Buenos Aires (CABA) in the issuance of regulations that regulate the implementation of the Promotion Law of Healthy Eating (PAS) at the local level, and at the same time accounts for the regulation process carried out by the National State. The objective of this tool is to promote and strengthen the full implementation of this law throughout the country.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Law No. 27,642 on the Promotion of Healthy Eating, known as the Labeling Law, was enacted on October 26, 2021 and regulated on March 22, 2022. As of this date, it is mandatory throughout the country. However, the adherence and/or the issuance of complementary regulations by the provinces and CABA is of utmost importance to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

The issuance of local, adhesion or complementary regulations by the 23 provinces and CABA:

  • It gives the possibility of adapting the regulations to the reality of each jurisdiction and improving their implementation at the local level.
  • It allows progress on aspects of the exclusive jurisdiction of jurisdictions that national law does not cover.
  • It accounts for an important act of political will.
  • Creates regulatory conditions conducive to the materialization of the rights recognized by the PAS Law.
  • It means an opportunity to raise the minimum floor established by national regulations.

In view of the importance of adhering to and enacting local regulations as fundamental elements to promote healthy eating throughout Argentina, Fundación Sanar and Fundeps present the Regulatory Map of Front Labeling in Argentina. This consultation and analysis tool is aimed at national and provincial public authorities responsible for promoting healthy eating policies and at civil society organizations, academia and the media that monitor the correct implementation of the PAS Law.

 

Consult the REGULATORY MAP: www.etiquetadoenargentina.org/

 

About the PAS Law:

The PAS Law seeks to promote healthy eating and guarantee the right to health and adequate nutrition. It includes measures such as placing warning seals on packaged foods and non-alcoholic beverages to provide clear and understandable nutritional information, encouraging more assertive decisions by consumers. It also regulates aspects such as school environments and nutritional food education, advertising, promotion and sponsorship of the food industry – with special focus on childhood and adolescence – as well as public purchases made by the State. These components contribute to a comprehensive approach to the regulations, strengthening their protective nature and their focus on rights.

 

Contact

Laura Fons, laurafons@fundeps.org

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There are no more excuses to comply with the front labeling law

On February 16, the extension granted to large companies to implement the law expired and on the 20th it is the turn of SMEs, who from that day on must incorporate the seals in their products with excessive content of critical nutrients. In this key month, civil society organizations highlight the need for the law to be complied with and for the State to take an active role in its oversight.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The month of February has two key dates for the Healthy Eating Promotion Law, better known as the Labeling Law. That is why FAGRAN, Fundeps, SANAR, FIC Argentina and Consciente Colectivo met to review the timing of the norm and to highlight that there are no more excuses for the law to be complied with.

On the one hand, February 16 is the day on which the extensions granted to large companies expire, a benefit that they counted on to delay the implementation date that the law originally stipulated (August 20, 2022). That is, from now on, large companies must incorporate seals on the packaging of their products with excesses of critical nutrients. This process will be gradual given that products from companies that obtained extensions can still circulate in stores, and that were prepared and packaged before February 16, which, according to the law, are not required to bear stamps since they were produced under the extension period.

On the other hand, the regulations of the law establish that as of February 20, SMEs must begin to include labels on the corresponding containers. However, as was the case with large companies, SMEs can obtain extensions of up to 180 days to delay implementation.

Although the extensions are within the framework provided for by the norm and are not a violation of it, we from the organizations demand that information be public about the reasons why this benefit was approved, as well as which products. and companies were awarded. This information was not provided by the State, removing transparency from the law implementation process. This situation, added to factors such as stock, generates a confusing scenario for citizens, who do not have clear information to identify if a product does not have seals because it is healthy; because it comes from another stock; or because it has the benefit of extension.

From now on, the role of the State in monitoring compliance with the law will be key to defending the rights of the population. From civil society we will continue to monitor this process, providing tools and information and demanding its correct implementation with citizens.

 

Contact

Maga Merlo, magamerlov@fundeps.org

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A dialogue on food programs, public purchases and the Law for the Promotion of Healthy Eating

Last Thursday, November 17, we held a meeting on the current management of food programs for school canteens in the provinces of Mendoza, Córdoba, Salta, Tucumán, and Buenos Aires. Special emphasis was placed on food purchasing systems and on the need to guarantee the effective application of Law No. 27,642 on the Promotion of Healthy Eating (PAS) within the framework of school assistance programs in each of these provinces. The event was organized by Fundeps, Nuestra Mendoza, Andhes, Salta Transparente, the Center for the Implementation of Constitutional Rights (CIDC) and also had the support of SANAR.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In addition to representatives of the aforementioned civil society organizations, the following participated in the meeting: Claudia Oliva and Victoria Lo Valvo, General Director of the Comprehensive Assistance Program of Córdoba (P.A.I.Cor) and Director of Legal Affairs of the General Directorate of Purchases of Córdoba ; Franco Pullido and Gabriel Sciola, Director of School Feeding of Mendoza and Undersecretary of Administration of the General Directorate of Schools of Mendoza and Matías Molina, General Director of Monitoring of Procurement of Goods and Services of the province of Salta.

At first, through a participatory dynamic, the different representations and social images linked to chronic non-communicable diseases and, specifically, malnutrition due to excess and the commonly known “law of labeling” were addressed. Then the different components of said law were described and, finally, the provisions related to public purchases for school canteens were studied in depth.

It was highlighted that, when dealing with purchases for educational establishments, they should guarantee that products with black seals did not enter the schools, whether they were already packaged products or the ingredients used to prepare the food. This, given that products with at least one seal or precautionary legend cannot be offered, marketed, promoted, advertised or sponsored within schools, by virtue of article 12 of the PAS law.

In a second moment, the floor was given to each of the leading people from the provinces, authorities in the event that they were present or from NGOs, so that they could comment on how the management of the food programs was in each one of them, how Food purchases were decided, with what nutritional criteria, if this information was accessible to the public, all with the aim of identifying some common points and windows of opportunities for the effective application of the PAS law.

By way of conclusion, each attendee identified opportunities, challenges and possibilities for articulation between civil society and the State agencies involved.

 

Authors

Maria Victoria Sibilla

Maga Merlo

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

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We ask the authorities to update the National Tobacco Control Law

We sent to national authorities of the Executive and Legislative Power a document with legal arguments and scientific evidence that support the need to update the national law No. 26,687 of regulation of advertising, promotion and consumption of products made with tobacco. In this note we tell you what we ask of them and why.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Law No. 26,687 is already more than 10 years old, and the need to update it in light of the marketing strategies of the tobacco industry and the new products it develops is evident. According to the World Survey on Tobacco in Young People in Argentina, carried out in 2020, tobacco consumption produces 44,851 annual deaths, representing 13% of total deaths and that still, more than 22% of the population consumes tobacco, being the age of initiation, which is already between 12 and 15 years, is decreasing.

For this reason, we send a report with key information to the Nation’s Minister of Health -Carla Vizzotti-, to the block presidents of the Chamber of Deputies, and to various legislators from commissions related to the subject, explaining why what is this update needed.

The World Health Organization warns that while many countries have made significant progress in regulating traditional tobacco products, there are many others that are novel (such as heated tobacco products and electronic cigarettes, better known as vapers). ), and continue without being properly regulated, making their way through the population, especially in children and adolescents. The WHO adds that these products are not only harmful to health, but also work as an incentive for young people to start consuming traditional cigarettes.

On the other hand, we transmitted to the Minister and the legislators information about the legal loopholes that the current law has, and that are exploited by the tobacco industry to avoid advertising, promotion and sponsorship prohibitions. For this same reason, we suggest a series of measures that should be included in the standard, such as the absolute and explicit prohibition of all types of advertising -including display at points of sale-, as well as its effective control to avoid violations, and ultimately, get them sanctioned.

We bet on the political will and the strengthening of public policies to improve the standards of protection of the right to health. A strong and thriving industry like the tobacco industry requires a State that is present and willing to watch over the interests and rights of the population.

 

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Author

Sofía Armando

Contacto

Maga Merlo, magamerlov@fundeps.org

An industry that does not give up

In these last 10 years we have seen great changes in the tobacco industry. Elegance and technology in its products, striking and advanced images, new words in its advertising campaigns and web pages. That is, the development of increasingly sophisticated marketing strategies, capable of quickly captivating the target audience. Very subtly and, even in an almost imperceptible way, the tobacco companies sneak into our unconscious and shape our preferences, behaviors and perceptions.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

These companies usually benefit from the side effect of the slowness with which States regulate their actions. An industry capable of investing millions of dollars in innovation and advertising requires strong regulatory frameworks that allow it to deal with them with due immediacy and efficiency. Otherwise, the health, dignity and quality of life of people are in danger, especially that of children and adolescents, a group on which these corporations especially focus.

What does the tobacco control law say in Argentina?

In Argentina, the National Tobacco Control Law (LNCT) is more than 10 years old. Although at the time it represented a significant advance in the matter, the truth is that it has become outdated and insufficient in the face of the arsenal of marketing strategies that the tobacco companies were developing. Added to this are the difficulties that the Argentine State has in developing adequate control mechanisms that allow it to guarantee compliance with regulations throughout the country. If the monitoring of advertising tactics in traditional media was already a challenge for the State, the control of all these new strategies promoted by the tobacco companies brings more complexities.

The industry spends millions of dollars daily to create marketing tactics that create the impression that tobacco use is widespread and acceptable. In this sense, it has been scientifically proven that advertising, promotion and sponsorship increase the chances of starting tobacco consumption, maintain or increase consumption levels among smokers and reduce the willingness to quit smoking.

In our country -at the national level-, there is a broad ban on actions of promotion, advertising and sponsorship of products made with tobacco, whether they take place directly or indirectly and through any means of dissemination or communication. However, the regulations also establish a series of exceptions to said prohibition, such as the promotion and advertising that is carried out inside the points of sale, in publications of the tobacco sector and through direct communications to people over 18 years of age, provided that they have given their prior consent and their age has been verified.

These types of partial restrictions are ineffective in reducing consumption and protecting public health. Well, advertising that is prohibited by a communication channel, is displayed and reinforced by others. In this sense, according to the Argentine experience, with the advancement of regulations that had the purpose of limiting marketing strategies, the main achievements were obtained in the field of traditional media, such as television, radio and graphic press. However, tobacco companies quickly developed other innovative ways to continue operating and thus protect their income. Some of these strategies were in express violation of current regulations and others premeditatedly took advantage of legal loopholes to continue promoting and advertising their products. In this way, the points of sale, massive events and the Internet -among others-, began to be the disputed and privileged spaces for these corporations.

The tobacco companies at the corner store

A study carried out by FIC Argentina, whose purpose was to evaluate the marketing strategies used by tobacco companies at points of sale in 8 provinces of the country, found that in 56.1% of these spaces there was some type of advertising for cigarettes or tobacco products. related, such as: cigarette packs used as decoration elements; posters with logo and/or brand that advertise certain products; posters without a logo and/or brand but that contain references, allusions or slogans related to tobacco products; shelves provided by the tobacco industry with spaces for advertising posters and lighting effects; display of tobacco products for sale through shelves.

In turn, research shows that investments by tobacco companies in points of sale have been increasing significantly in recent years. This is because these spaces are central and effective in exposing people to messages and images that position smoking as something normal and familiar. Strategic placement of packages and signage in highly visible locations (such as checkout lines, check-in and check-out areas) ensures that the brand and associated imagery stand out, serving as a visual reminder and reinforcing the desire to smoke. Added to this is the fact that a large part of the packages displayed, the posters and the shelves, are visible from the outside so that they reach not only those who enter the premises but also those who pass by in the vicinity.

“New products” + digital marketing = the perfect combo

The irruption in the market of the so-called “new products”, such as the electronic cigarette -also called Electronic Nicotine Administration Systems (SEAN) and Similar Systems Without Nicotine (SSSN)- and heated tobacco products, constituted a novelty in herself. Its sophisticated designs and the technology applied to its operation quickly captured the attention of the public, especially the youth. In addition, as if that were not enough, they began to be presented as low-risk products or as part of smoking cessation treatments, thus contributing to a false idea about smoking.

In this sense, it is pertinent to highlight that the launch of these new products was accompanied by the emergence of a new language that managed to install new terms in the market, such as “vaping”, “vaping”, “vaporizers”. All terminologies that had the purpose of not only disguising the true act that embodies the use of electronic cigarettes and heated tobacco products -that is, smoking-, but also concealed and softened the harmful consequences that their use represents for health. consumption.

In turn, the marketing of these new products was boosted by digital marketing, which used social media in particular to reach as many people as possible. Among the most outstanding strategies is the hiring of influencers and musical artists who, by reaching a large number of people, position themselves as trendsetters. In this way, they become one of the main channels used by tobacco companies to promote their products and, at the same time, establish bonds of loyalty with the young population.

An example of this is the one carried out by the company MIG VAPOR LLC through music videos that are reproduced through Youtube Argentina. The advertising contained in these videos consists of repeatedly showing famous artists -mostly from the world of reggaeton- consuming electronic cigarettes, displaying the brand name in easily visible places and in the provision of a link that is in the description of the played song that immediately redirects to the sales website of MIG VAPOR LLC.

According to the current legislation of Argentina, the promotion and advertising of the electronic cigarette, as well as any of its accessories, is specifically prohibited by Provision No. 3226/11 of the National Administration of Medicines, Food and Medical Technology (ANMAT) . Likewise, based on a systematic interpretation of the National Tobacco Control Law and its Regulatory Decree, this type of product could be found within its scope of application and, consequently, its advertising through websites and social networks is prohibited.

However, it must be said that the control by the ANMAT in this sense has been scarce to insufficient, and with regard to the control and monitoring mechanisms deployed by the Ministry of Health – the national law enforcement authority -, these have focused more than anything on traditional media and not on digital media. In this way, the tobacco companies have been left in a situation of pre-eminence in the face of the control actions deployed by the State.

There is a clear need to improve the regulation of new tobacco and nicotine products in accordance with international standards, so that it includes not only electronic cigarettes but also heated tobacco products, and so that the agencies in charge of their control can make its oversight mechanisms more efficient in order to guarantee a complete ban on advertising, whatever the means of dissemination.

VIP pass in massive events

According to a survey carried out by FIC Argentina in hostels, bowling alleys and musical events, tobacco companies often use various advertising tactics in order to attract a youth audience. Offering free samples and exchanges, delivery of promotional objects, stands decorated with screens and the aesthetic identity of the brand, are the most used strategies in these spaces. In addition, as in the points of sale, tobacco products are sold, promoted and displayed there.

In addition, those who attend the stand usually summon young people to contests and raffles, and it is there that an exchange is promoted and produced that culminates in the registration of personal data. Thus, the tobacco companies manage to increase their database and have all the necessary information for future marketing actions. Among them, e-mail marketing and social networks.

In accordance with the LNCT and its Regulatory Decree, in addition to prohibiting all types of advertising on public roads, spaces for public use, bars, nightclubs, the use of direct or indirect incentives that encourage the purchase or consumption of tobacco products is prohibited. such as the realization of promotional discounts, the delivery of gifts or the realization of contests or competitions. Likewise, the delivery of free samples, either as a gift or exchange for another product, is prohibited. Despite this, the control of these events is deficient and evidences the need to improve the monitoring and sanction mechanisms.

What do we need from the Argentine State?

The violation of current regulations on tobacco control, the inadequate control by the State added to an industry capable of investing millions of dollars in marketing and innovation, reveal the urgency of moving towards a complete ban on advertising, promotion and sponsorship , in all its forms and whatever the means of dissemination.

Promotion and advertising at points of sale, especially through the display of tobacco products, is one of the main marketing strategies used by tobacco companies. In this sense, the Framework Convention for Tobacco Control (FCTC) has established in its article 13 that “a total ban on advertising, promotion and sponsorship would reduce the consumption of tobacco products” and that, the exhibition in points of sale, should be considered in itself as a form of advertising and promotion.

In addition, according to the scientific literature on the matter as well as the provisions of the Framework Convention itself, the legislation that establishes the complete prohibition of advertising, promotion and sponsorship of tobacco products is an effective measure in the fight against smoking. Well, it has the capacity to reduce the consumption of the entire population, regardless of their income and education level.

On the other hand, faced with the advance of new products, it is necessary to guarantee a regulatory framework that expressly regulates them. The current National Tobacco Control Law does not expressly accept them and if it does, it could increase the expectations of compliance with the regulation, reduce the gray areas of the current regulations in order to prevent tobacco companies from continuing to develop abusive marketing and commercialization strategies and, in short, reduce the danger that these products represent for public health.

In this line, the 7th meeting of the Conference of the Parties to the Framework Convention for Tobacco Control in 2016 recommended that the regulation “prevent the promotion of SEAN/SSSN and prevent the adoption by non-smokers, pregnant women and young people. , minimize potential health risks to users and non-users of ENDS/SSSNs, prohibit unproven claims about ENDS/SSSNs, and protect tobacco control efforts from commercial and other tobacco industry vested interests.” . In relation to heated tobacco products, he stated that they should be subject to the normative and regulatory measures applied to all other tobacco products.

It is necessary for the State to take into account the paradigm shift that has taken place in the last 11 years since the sanction of the national Tobacco Control standard. If our regulatory frameworks are not updated and if our inspection mechanisms do not improve, it will not be possible to reduce the tobacco epidemic and, consequently, protect public health. In this sense, the ratification of the Framework Convention becomes essential, as it will be a tool that will allow the current standards of protection in terms of tobacco control to be strengthened.

An industry that is advancing by leaps and bounds, developing new products and innovative marketing strategies, requires States capable of responding quickly and effectively. Or what would be even better, anticipate the scams of these corporations.

 

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Authors

Gaetano Vaggione 

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

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CONAL passed a regulation on Trans Fats that protects health

After a long journey in pursuit of the health of all the inhabitants of our country, at the 146th meeting of the National Food Commission (CONAL) held on August 24 and 25, 2022, the proposal for updating of Art. 155 tris of the Argentine Food Code (CAA) to reduce the limits on the content of trans fats in food products and the prohibition of partially hydrogenated oils.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In September 2021, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Argentine InterAmerican Heart Foundation (FIC Argentina), the Foundation for the Development of Sustainable Policies (Fundeps), Argentine Consumers and the Argentine Society of Nutrition and Food Reales (SANAR), we presented a proposal to CONAL to improve the standards of industrially produced trans fats. Argentina currently has one of the least strict policies compared to other countries in the region. At the same time, the Ministry of Health of the Nation presented its proposal online with the aforementioned organizations.

After an arduous follow-up and joint work, CONAL was able to include the treatment of the proposal in its agenda, reaching the Public Consultation instance, with great support from the community and Scientific Societies. The process was postponed in some stages, finally reaching its approval, with adaptation of the deadlines, although without other modifications of the original proposal. The approved proposal grants a term of two years for the adequacy of food to the established limit of 2% trans fatty acids, three years for the adequacy of ingredients and raw materials to the established limit of 2% trans fatty acids and four years for the elimination of the use of oils and partially hydrogenated fats in the food industry.

The new regulation will be adapted to the guidelines recommended by the World Health Organization (WHO) and the Pan American Health Organization (PAHO). These are designed to promote the worldwide reduction and elimination of industrially produced Trans Fats in the food supply, given the overwhelming evidence of their negative effects on the cardiovascular health of the population, increasing the risk of developing cardiovascular diseases (CVD) and the to die for these It should be noted that, in addition, the implementation of superior policies contribute to protecting the human right to health and adequate food.

From this great step in defense of the right to health, from Civil Society we ask the Executive Branch to promptly publish the resolution in the Official Gazette to make the policy effective.

Organizations committed to the health of the entire population celebrate that we will finally be able to say Bye Trans Fats.

Contact

Maga Merlo, magamerlov@fundeps.org

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Labeling Law: When and how does it start to be applied?

According to the regulations of the Law for the Promotion of Healthy Food, this August 20, large companies must begin to implement the Frontal Warning Labeling on their products. Small and Medium Enterprises (SMEs) have a deadline to do so until February 2023. The appearance of the stamps will be gradual and progressive.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

When did we start to see the seals?

As of this August 20, the products of large companies that have an excess of critical nutrients -such as sugars, sodium, saturated fats, total fats and calories-, must display on the main face of the container one or more warning stamps with the “EXCESS IN” badge. Also, those foods that contain sweeteners and/or caffeine, must present the precautionary legends: “CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN” and/or “CONTAINS CAFFEINE, AVOID IN CHILDREN”.

In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.

In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.

According to the PAHO profile, the products that should be classified using its criteria are processed (such as fruit in syrup, cheese, or foods preserved in brine) and ultra-processed (such as sweet or salty snacks, cookies, ice cream, candies), either which are the ones that normally contain high amounts of sugars, sodium and fats. For their part, those minimally processed or unprocessed products will not bear stamps. Examples of this are fresh fruits and vegetables, dried noodles, rice, legumes or the exceptions provided by the regulations: common sugar, vegetable oils, dried fruits and common table salt.

Now, what happens to the products that we know have an excess of critical nutrients and that on August 20 are going to continue on the shelves without their corresponding seals?

These cases, which unfortunately will not be few, must be explained in one of the following ways:

1- It can be a product made by an SME, for which the first stage begins in February 2023.

2- It may be a product from a large company that has a production date prior to August 20, which according to the law may be kept on the market until stock is exhausted.

3- Or, it may be a product of a large company, with a production date after August 20, which has obtained an extension.

This last case is the one that generates the greatest concern and uncertainty in civil society. As indicated by the Provision of the National Administration of Medicines, Food and Medical Technology (ANMAT), the possibility of requesting an extension only exists for the first stage and only once. This deadline expired on July 20 for large companies.

For the purposes of said request, companies must declare and specify the products for which they make the order, as well as the specific reasons why they found limitations in meeting the established deadlines. In this framework, the ANMAT can resolve by approving or rejecting. If the extension request is approved, large companies have a maximum period to put the seals on their products, until February 2023.

Something important to note is that the regulations do not provide for the opening of this information, so in the face of secrecy, we decided to present a request for access to public information. Despite the efforts, the ANMAT replied that it could not provide us with these data as they are confidential. This decision, unfortunately, limits the possibility that civil society can be an active agent in monitoring the implementation of the law.

However, after our request, the ANMAT published a statement informing that as of July 27, 2,658 applications had already been received (encompassing a total of 236 companies), of which around 35% had been approved. However, the statement says nothing about: which companies requested an extension and why, on which products the extension was granted and the criteria for accepting or rejecting them.

This means that we will not know if those products that do not have seals, is because they obtained the extension or because they are in fact not complying with the norm. We need better transparency standards to be ensured throughout the implementation process.

What about the rest of the components of the law?

Meanwhile, it is important not to lose sight of the fact that the law not only introduces the system of “warning stamps” that will allow us to know what we eat. The seal is part of this standard that seeks to address the problem of healthy eating in a comprehensive and cross-cutting manner. Thus, the Law also contains provisions on: “Promotion, Advertising and Sponsorship”, “Education and Healthy Environments” and “Public Purchases”.

Let’s review each one and see why we say that the correct implementation of the seals is essential for full compliance with the standard:

  • School environments

According to the regulatory decree, the Ministry of Health must coordinate with the Ministry of Education and the Federal Council of Education to include in the school curriculum minimum contents of nutritional food education and guarantee that schools are healthy spaces or free of stamps. In other words, no product with at least one warning seal or precautionary legend may be offered, marketed, promoted, advertised or sponsored in educational establishments in the country.

The corresponding regulations have not been issued on this aspect. Until now, the Ministry has only advanced in the incorporation of courses on Healthy Eating in the teacher training courses.

  • Advertising, promotion and sponsorship

The labeling law prohibits the advertising, promotion and sponsorship of all those products that contain at least one (1) warning seal and that is directed especially at children and adolescents.

Likewise, it establishes that those products that contain a warning seal cannot include complementary nutritional information on their packaging, endorsement seals from scientific societies or civil associations, children’s characters, animations, celebrities, athletes, interactive elements, gifts, games, digital downloads. , etc.

According to the regulatory decree, the ANMAT has the duty to establish and dictate the complementary regulations that facilitate the implementation and control of these provisions. However, this body has not disclosed the implementation and control mechanisms that will be used to guarantee compliance with these provisions.

  • Public purchases

On this aspect, the Ministry of Health must coordinate with the National Procurement Office to guarantee that the National State, given the same convenience, prioritizes contracting those products that do not have warning stamps. This provision has significant relevance. But we still do not know how this articulation will take place, nor what will be understood by “equal convenience” or “prioritizing”.

It is important to highlight that to guarantee the full application of all aspects of the law throughout the country, the work and political will of the provinces is necessary. Either for the dictation of complementary norms that are necessary, as for the control and surveillance in their territories.

 

More Information

Authors

María Laura Fons

Maga Merlo Vijarra

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org 

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Civil society organizations call for public policies free from interference from the tobacco industry

The tobacco industry continues to meddle in public policy. Argentina still has not ratified the Framework Convention on Tobacco Control. Civil Society Organizations issued a Public Declaration warning about the importance of guaranteeing non-interference by the tobacco industry in health decisions.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

From civil society organizations, through the signing of a declaration, we request the non-intervention of the tobacco industry in the design and execution of public health policies -among them the advance with the complete prohibition of promotion, advertising and sponsorship of tobacco products-and the ratification of the FCTC, understanding that said treaty grants the States key tools in the fight against smoking.

There is a fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of public health; because it produces and promotes products whose harmful consequences have been amply demonstrated by scientific evidence.

For more than 80 years, the industry has been deploying its strategies to interfere in the establishment and application of tobacco control policies. These tactics, which seek to promote tobacco use, are targeting increasingly younger populations, and existing regulations are often ineffective in dealing with them.

All of this occurs within a framework that seeks to incorporate new tobacco and nicotine products into the market, in order to position them as part of the solution to an epidemic that the industry itself generates and that claims the lives of almost 8 millions of people around the world. Thus, these products come to position themselves as one more strategy that seeks to undermine the policies achieved in terms of tobacco control.

Likewise, Argentina is one of the few countries in the world that has not yet ratified the first public health treaty on tobacco control, a key tool in guaranteeing transparency and the non-intervention of the tobacco industry in health policies. But why is the ratification of the Framework Convention on Tobacco Control (FCTC) important to guarantee non-interference by the industry?

The FCTC is the first global public health treaty, which came to give a global response to the tobacco epidemic. The treaty provides for various strategies aimed at reducing the supply, demand, and harm caused by tobacco products, including a complete ban on tobacco marketing, increased tobacco taxes, and other measures. But it also expressly establishes the protection of public policies and tobacco control against commercial interests and others created by the tobacco industry.

 

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Digital strategies of the tobacco industry: how it is convincing us to buy its new products

The tobacco industry does not sleep and constantly reinvents itself: from new supposedly healthy products, to the ways of advertising them and reaching more and different audiences. We tell you in this note what are the main strategies and scapegoats used to convince you that these products are not only healthy, but even ensure a life full of success and luxury.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

NEW PRODUCTS ON SOCIAL NETWORKS

When it comes to tobacco companies, renovation and reinvention are never lacking to maximize their profits, sell new products and attract more and more consumers, mainly children and young people. Faced with this, it is essential to be able to identify the main platforms for disseminating these products and the misleading and false advertising messages.

Based on a survey we carried out on social networks – a great platform for disseminating new tobacco and nicotine products – we identified different techniques and strategies to convince consumers that the new products are attractive and even healthy.

First of all, the tobacco companies try to sell their new products, such as the electronic cigarette, as something innovative, different and even better than the traditional cigarette. Through the use of hashtags such as #Vapearsalvavidas and #Vapearnoesfumar, the tobacco industry seeks to “wash” its traditional image of an unhealthy industry. In this way, the vape is presented as non-toxic or harmful to health, and the World Health Organization and various studies have shown that this is far from being the case.

PUBLICATION POSITIONING THE VAPE AS DAMAGE REDUCED

 

PUBLICATION RELATED TO FOODS TO IDENTIFY THE FLAVORS

On the other hand, tobacco companies take advantage of the image of famous people and influencers to promote their products and increase the level of their sales. What is the goal of this strategy? Associate the use of electronic cigarettes with success and with hegemonic lifestyles, to convince us that if we buy these products, we can also access a life full of leisure and luxury.

PUBLICATION WITH IMAGES OF CELEBRITIES

Other strategies to strengthen your advertising presence on social networks consist of the use of memes and the launch of promos and raffles. Through these tools, tobacco companies carry out fun and attractive marketing campaigns for social network users, using a familiar, visual and eye-catching language to sell their products.

PUBLICATIONS OF PROMOS AND SWEEPSTAKES

It is urgent that this type of strategies, campaigns and misleading advertising be unmasked, so as not to create or spread the consumption of products made with tobacco and nicotine, which are harmful to health, and which put youth and children at particular risk.

THE NEW PRODUCTS IN GRAPHIC MEDIA AND TV

Although without a doubt the main means of dissemination of these new products are social networks, TV and graphic media escape our clutches. The following graphs, obtained from our survey, show their presence on these platforms.

Percentage of news connotations found in television media coverage.

Percentage of news connotations found in graphic media coverage.

Distribution of news in graphic media according to the provinces where they were published.

Media coverage between 2019 – 2022 found with the selected keywords, by province. The national average is represented by the orange horizontal line (national average= 11).

Evolution over time of the graphic media coverage found with the selected keywords, depending on whether it is national or provincial media.

Evolution over time of television media coverage found with the selected keywords.

 

More Information

Author

Sofía Armando

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

This content is financially supported by the International Union Against Tuberculosis and Lung Disease (The Union) on behalf of STOP, a global tobacco industry monitoring initiative. The content is completely independent from an editorial point of view.

 

 

 

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Industry interference in the regulation of tobacco and nicotine products

It is not new that, based on different marketing strategies, the tobacco industry has been making us believe for more than 80 years that consuming its products will make us more cool, have more success in our lives or see ourselves much more attractive. for the sole fact of smoking. However, these are not the only tactics they use to stay in the market.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Although there is evidence about how harmful tobacco is, there is still a lot of work to be done regarding its regulation. According to data from the World Health Organization (WHO), it is known that tobacco kills up to half of the people who consume it, and each year more than 8 million people die from it. More than 7 million of these deaths are due to direct consumption and about 1.2 million are due to the exposure of non-smokers to second-hand smoke.

One of the causes of these statistics is that tobacco companies use various interference actions. What does this mean? Who use a wide range of tactics and strategies (direct or indirect) that interfere with the establishment and application of tobacco control policies. Many times they are clear and easy to identify, but in most cases, they are not. That is why in this note, we tell you what are some of the interference strategies that can be observed in our country so that you do not believe it…

How does the industry interfere in our country?

Following the criteria of the Regional Interference Index, (a global survey that was supported by STOP and in which more than 20 Latin American NGOs participated), and reviewing national public databases, the following interference strategies were listed by part of the tobacco industry:

  1. Lobby: It is called in this way when members of the tobacco industry carry out permanent and sustained lobbying on national officials, by requesting meetings. This can be corroborated by checking the open database of the Single Audience Registry. Although the greatest lobbying activity is generally linked to tax pressure, the commercialization of “new products” in Argentina is also an issue that is brought up in conversations between senior staff of tobacco companies and national officials.
    Through the analysis of the databases of audience records, it can be seen that the representation of the two main tobacco companies operating in Argentina (British American Tobacco and Philip Morris International) doubled in recent years (2004 to date ); and from 2017 to date alone, 34 formal meetings were held between industry representatives and national government officials. In addition, these meetings were held more and more frequently: as of 2016, the time between meetings was shortened: from meeting every 7 and a half months; lobbyists and officials began to meet every 4 months.
    At the provincial level there are no open records on the officials’ agendas.
  2. Economic pressure. The industry asks to lower taxes under threat of putting at risk the future of the companies and the jobs that depend on them: executive positions of the tobacco companies and spokespersons of the industry claim for the “tax pressure”. In turn, provincial officials and national and provincial legislators put pressure on alleged delays in the transfer of resources through the Tobacco Fund, which in practice is a subsidy for tobacco production.
    56% of the hearings held between September 2016 and March 2022 in official offices to deal with issues related to tobacco, were motivated by the claim for marketing taxes or production subsidies.
  3. Conflict of interests. It is configured when representatives of the tobacco industry and/or public officials have personal interests that interfere when making decisions. In this sense, according to the Regional Interference Index, a very common practice is the “revolving door”. This term refers to when officials (current or retired) become part of the tobacco industry; or when former industry employees accept government positions (positions, of course, from which they have the power to regulate the sector in which they once worked).
  4. Unnecessary forms of interaction. Article 5.3 of the WHO Framework Convention on Tobacco Control, which constitutes a standard on the matter, defines the “necessary” interactions between the government and the tobacco industry: the interaction between the parties should take place only when and in to the extent strictly necessary to enable effective regulation of the tobacco industry and tobacco products. In this case, these interactions should be fully transparent and, as far as possible, carried out in public (such as public hearings). In addition, everything must be recorded in public records. All interactions between the tobacco industry and public bodies that do not respect these conditions, we call, by contrast, as unnecessary interactions.
    In this sense, in Argentina “alliances have been created to combat the illicit trade of tobacco products” and in this framework a public entity has emerged that has explicit links with the tobacco industries: the Civil Association of Anti-Piracy. This association assumed the spokesperson for the tobacco companies by raising before national authorities the “scourge of piracy” and “evasion in the cigarette sector and the taxability of new products”; allowing them to maintain interactions that we can classify as “unnecessary”.
  5. Promotion of the tobacco industry through “socially responsible” activities. It consists of influencing the public agenda through corporate social responsibility programs. Currently, the tobacco industry deploys eight programs in the country under this umbrella, a scheme that allows it to link economically with civil society entities and politically with provincial government leaders.
  6. Sabotaging legislative processes. Argentina still has not ratified the WHO Framework Convention for tobacco control through an act of Congress. A survey of the databases of the Chamber of Deputies and the Chamber of Senators of the Nation reveals that, from 2003 to the current legislative period, 33 bills were entered –15 in the Senate and 18 in the Deputies– postulating adhesion to the Framework Agreement, without any of them managing to reach the plenary.

What conclusions can we draw?

The data collected exposes the power that the tobacco industry has in our country, and how they can exert pressure so that tobacco control policies are slow in coming or ineffective. In addition, it must be added that all this is taking place in a context of pressure to be able to incorporate new tobacco and nicotine products into the market.

Although advertising plays a crucial role in the generation and maintenance of the smoking habit, and progress has been made in its regulation, only three Argentine provinces have a total ban. We need to be able to clearly identify how the tobacco industry interferes, preventing advances in regulations on the subject.

It is essential, for example, that Argentina ratify the Framework Agreement for Tobacco Control; since it proposes comprehensive strategies that allow working on health policies that make it possible to reduce the consumption of tobacco and nicotine. Implementing the measures of the Framework Convention and giving them time to produce results is the most effective approach to address this epidemic.

 

More Information

Author

Lourdes Aparicio

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

This content is financially supported by the International Union Against Tuberculosis and Lung Disease (The Union) on behalf of STOP, a global tobacco industry monitoring initiative. The content is completely independent from an editorial point of view.

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In 10 days the public consultation on trans fats ends

On May 12, the public consultation ends where the proposal is evaluated presented by civil society to update Article 155 tris of the Code Argentine Food Code, which regulates the presence of Trans Fats in marketed foods, and thus reduce their content and eliminate partially hydrogenated oils. The organizations invite the
population to support the proposal.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Aiming to protect the health of the population throughout the country, various civil society organizations came together to work in a better regulation regarding Trans Fats. In this regard, they request that establish a maximum limit of the content of trans fats from production industrial 2% with respect to total fats in all products, including those that are used as ingredients and/or raw materials, and that are prohibit the use of partially hydrogenated oils.

This proposal is currently, and until May 12, in consultation public and it is expected that, based on the participation of the citizenry, it will be approved by the National Food Commission (CONAL). It is a proposal that passed to Public Consultation after the CONAL meetings on March 13 and 14 of this year. In this framework, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Inter-American Heart Foundation (FIC Arg.), the Argentine Society of Nutrition and Real Foods (SANAR), and the Foundation for the Development of Sustainable Policies (FUNDEPS) the entire community is invited to participate in the Public Consultation process by signing a letter of support for the proposal. In this way, citizens have the opportunity to participate in this instance of discussion on a public health policy.

These fats are found in products such as cookies, snacks, baths, confectionery, among other ultra-processed products, as well as in products of bakery. Scientific evidence establishes that this type of fat is not essential, are not required for any biological function in the body, and are not they have no health benefits. Therefore, international standards recommend that its consumption be eliminated from the world diet.

The Public Consultation takes place until 12/5 and the entire community can participate. To do so, just go to www.chaugrasastrans.org and sign the letter.

 

More Information

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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2021, another year defending human rights

We present the 2021 Yearbook, a synthesis of the work we have carried out at Fundeps in a challenging year, with great struggles and achievements in pursuit of a more just, equitable and sustainable society.

Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website.

During 2021 we investigated, debated, proposed, worked, and participated in historic victories for human rights. Activities that are reflected in this new edition of the yearbook, which begins with a compilation of our actions in numbers and the main milestones we have achieved.

In addition, we share a summary of the activities carried out in the agendas of our 5 areas: Environment, Democracy, Gender and Sexual Diversity, Global Governance and Health.

2021 was also a year in which we promoted our institutional growth and participated in different activities and meetings to rethink ourselves. In this framework, we present our renewed mission and vision and the values ​​present in each of our initiatives.

We believe that collective action is the way to transform reality. For this reason, we want to thank our entire team, friendly organizations and donors, and those who support us every day to continue defending human rights.

SEE YEARBOOK 2021