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Health and law: internship at the O’Neill Institute at Georgetown University

Fundeps, in collaboration with the O’Neill Institute for National and Global Health Law at Georgetown University announces renewal of the internship program Internship rented in the months of January.

February and March 2020 at the O’Neill Institute for National and Global Health Law at Georgetown University in Washington DC.

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.

Calling institutions:

  • O’Neill Institute for National and Global Health Law at Georgetown University Law Center –
  • Fundeps – Foundation for the Development of Sustainable Policies

Requirements for submission:

  • Be enrolled as a regular student of the Law degree at the Faculty of Law and Social Sciences of the National University of Córdoba.
  • Have approved or are studying International Public Law.
  • Have a general average, with deferrals, of 7 or more points.
  • Have excellent management of written and oral English.

Selection Mechanism:

  • Deadline for submission of applications: September 27, 2019.
  • A UNC Selection Committee will choose a list of five to seven pre-selected people, who will be called for an interview to be conducted in English on September 30, 2019, instead of confirming.
  • On October 2, 2019, the Selection Committee will send a list of three to five people to the O’Neill Institute for National, whose team will decide the person selected for the internship.
  • The selected person must participate, during the months of October, November and December, in activities related to the human right to health, in the Fundeps team.

Documentation to present:

  • Letter of motivation in English justifying the application to the internship program of the O’Neill Institute
  • Detailed curriculum vitae in English, in no more than 3 pages
  • Scanned copy of the analytical certificate (not electronic version)

* The materials must be sent in digital format in a single file in Acrobat Reader format (.pdf) to the address: info@fundeps.org, indicating in the subject: Call O’Neill – “Name of the candidate”.

Selection criteria:

  • Average
  • Interest in the area of ​​the right to health or human rights.
  • Academic research experience.
  • Work experience in civil society organizations.
  • English level.

Financing:

  • The consideration granted by the O’Neill Institute during the months of the rented internship (January, February and March) allows to cover accommodation and living expenses during those months as well as the tickets from Córdoba to Washington, DC.
  • Fundeps makes available an honor credit for those who need support to meet the anticipated cost of paying the air ticket, in conditions to be determined.

Queries

  • info@fundeps.org

More information

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We presented an amicus curiae in defense of the right to health and food in Colombia

With FIC Argentina, we presented an amicus before the Constitutional Court of Colombia within the process of guardianship established by the Colombian Corporation of Fathers and Mothers (Red Papaz) against the Superintendence of Industry and Commerce (SIC) and the National Institute of Drug Surveillance and Food (INVIMA), bringing legal arguments in defense of the right to health and balanced nutrition of children and adolescents (NNA).

“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”.

On January 21, Red Papaz requested the Constitutional Court of Colombia to review the decisions issued against it, in the framework of the actions filed against the SIC and INVIMA to review the accuracy of the advertising of HIT drinks of Postobon and Fruper of Alpina, considering that the procedures related to the protection of children and adolescents are not being prioritized.

The reported commercials contain deceptive and risky messages. Fruper of Alpina in its advertising highlights that the drink is ideal for children, with vitamins and minerals that contribute to their health and growth. Message contrary to reality, since, as researched by Red Papaz, it contains approximately ten times the level of sugar recommended by the Pan American Health Organization (PAHO). On the other hand, Hit of Postobón, emphasizes that its product comes from fruits, reason why to consume them is advisable for the health of the NNA. When in truth, it has a very small amount of fruit, for which reason, it is not possible to affirm that they are recommendable or ideal for children, or that they can be called as juices.

The deceptive advertising of unhealthy food products addressed to NNA that Red Papaz denounces, promotes the “obesogenic environment”, that is, an environment that promotes obesity in populations and responds to the role played by environmental factors (physical, economic, legislative and sociocultural) both in nutrition and in physical activity. The influence of the environment on food and physical activity is essential. Practices, knowledge and beliefs and socio-economic and geographical differences affect habits.

Hence, we made a presentation approaching the court grounds that seek to prove that the absence of complete, clear and accurate responses by the SIC and INVIMA, in the face of the denouncement of misleading advertising, mean a violation of human rights obligations to health, information and a balanced diet, especially of children and adolescents. While the Colombian state fails to comply with the recommendations of monitoring bodies of the Human Rights Treaties, ratified by the latter, on how to deal with the epidemic of obesity and chronic noncommunicable diseases (NCDs). At the same time they weaken the possibilities of responding to a global epidemic of malnutrition and obesity.

Finally, scientific evidence was presented regarding the positive impacts of this type of policies that promote the restriction of advertising and marketing of unhealthy foods, among a set of policies that, when implemented correctly, are effective in generating healthy environments and preventing development of obesity and malnutrition.

We made the presentation convinced and convinced that a favorable resolution in this regard, attentive to the great impact both globally and regionally that these judicial processes have, would generate a valuable jurisdictional precedent on the important theme of healthy eating.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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National government seek to agree a new model of food labeling

In a context of alarming prevalence of childhood obesity and overweight, Argentina aims to move towards a new model of food labeling. The Ministry of Health and the Ministry of Production seek to agree on the model to be followed in our 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”.

At the national level, according to the World School Health Survey (2012), in the last five years, in the group of adolescents aged 13 to 15 years increased excess weight from 24.5% to 28.6%. In turn, the prevalence of obesity increased from 4.4% to 5.9%. The seriousness of the current situation of overweight and obesity in Argentina and in particular the fact of seeing alarming trends among children and adolescents urgently requires health protection policies.

Among them, the advance towards a system of frontal warnings in food products with a high level of critical nutrients (sodium, sugar and fats) is a step in the direction of recommendations by specialized health protection organizations. These measures already have the support of scientific evidence from countries such as Chile, where the warning system has been in force for several years. The Ministry of Health itself recognizes it as the most effective system in its report on frontal nutrition labeling of food published at the end of 2018. In the same sense we have pronounced together with the National Coalition to Prevent Childhood Obesity in Children and Adolescents.

It is very important that the limits to establish these categories are based on guidelines such as the Nutrient Profile of the Pan American Health Organization (PAHO). Based on the experience of other countries, it is expected that the food industry press so that the content levels to which these warnings apply are very high. Therefore, it is important that it be based on guidelines from a specialized public health agency such as PAHO.

Recently, the current Secretary of Health of the Nation said in the Clarín newspaper that a dialogue has been started with the Ministry of Production to reach a food labeling model that informs the population about the content of critical nutrients (sugar, fats, sodium), and that in turn alert when those nutrients are present above the recommended amounts. The combination of a warning system with other labeling modifications to provide better information on all products in general can be positive as long as it is supported by scientific evidence.

In addition, it is important to keep in mind the interests of the different institutions that participate in these dialogues. In a public health crisis, the criteria that must be prioritized are those that protect the right to health and not so much the economic interests that are channeled through dependencies such as the Ministry of Production. In the same sense and from civil society, attention should be paid to possible conflicts of interest that may exist. For example, in the aforementioned Clarín note, the Center for Studies on Food Policy and Economics (CEPEA) is mentioned, which in the report of the Ministry of Health confirms that it receives financing from the food industry.

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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“Precios Esenciales”: a measure that threatens the right to health

We are against the “Precios Esenciales” program recently launched by the national government. This plan negatively impacts on the rights to health and adequate food and, consequently, we demand its redesign from a human rights perspective that contemplates the standards proposed by international organizations.

“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”.

On April 22, the national government launched “Precios Esenciales”, a program that contemplates a freezing of prices of 64 products of the basic basket divided into 14 categories, for 180 days. The same would be available in more than 2550 points of sale and the products would have to be identified with a sign similar to the one that identifies “Precios Cuidados”.

We analyze the program putting in tension the following points: the integral approach and the methodology used to establish the basic basket; the way in which this program is structured; and the communication strategies of the national government in these matters.

In the first place, given that the plan contemplates products from the basic basket, it is necessary to rethink the methodology with which it is elaborated. Thus, serious public policies should be planned inter-institutionally and with a cross-cutting approach of human rights, integrating international standards proposed by international organizations such as the Pan American Health Organization (PAHO) and the United Nations Organization for Food and Agriculture (FAO). It is stated that this program does not take into account the recommendations and standards on healthy eating set by prestigious health organizations and human rights organizations. On the contrary, it seeks to deepen an obsolete model of thinking about the feeding of the population in detriment of the effective enjoyment of the human rights of the citizens who are in worse economic situation. In addition, it is estimated that these plans should reflect the regional, environmental, and economic-social diversity of each of the Argentine provinces within our federal system of government.

Secondly, it is clear that around 50% of the food products that make up the plan fall into the ultra-processed category and almost 40% are optional foods or alcoholic beverages. In this way, they warn that the policy of “Precios Esenciales”, theoretically aimed at containing the inflationary process and reducing its impact, could be promoting the purchase of low-nutritional foods and alcoholic beverages. Given the worrying scenario of excess weight in the population, it is considered necessary that, on the contrary, the State advance with regulation based on scientific evidence that seeks to discourage the consumption of unhealthy products and encourages the consumption of foods with high value nutritional.

Third, emphasis is placed on the importance of communication to the population on these issues and, particularly, on the use of front labeling; which, according to numerous studies, is the most effective in identifying products with a high content of critical nutrients, providing better information in a short time to consumers and favoring the selection of healthier foods. Likewise, this type of labeling is prioritized because it is the most understood by children, adolescents and people with a lower educational level, which is central to contemplate the perspective of inequity in public policy and protect especially the groups in the most vulnerable situations. vulnerability, who are the ones who suffer from obesity, malnutrition and chronic diseases in general.

For the reasons stated, we demand:

1.- The basic basket is redesigned with a focus on human rights that integrates the standards proposed by international organizations, reflecting the regional, environmental and economic-social diversity of each of the Argentine provinces within the framework of our federal system of government .
2.- Progress with regulation based on scientific evidence that seeks to discourage the consumption of unhealthy products and encourages the consumption of foods with high nutritional value.
3.- Emphasis on communication to the population regarding these issues, using the strategy of front labeling.

Click to see the complete pronouncement about “Precios Esenciales”

Authors

Lucía Pereyra

María Victoria Gerbaldo

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The law in the face of health challenges in Latin America

On Wednesday, April 10, we carried out the conference “The right to face the health challenges in Latin America” at the Bar Association of the Province of Córdoba.

“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 event was coordinated by Dr. Viviana Perracini, Director of the School’s Right to Health Room. Dr. Claudia Zalazar, President of the Chamber of Right to Health of the Institute of Research in Legal Sciences of the Blas Pascal University, spoke on “The role of the courts in the realization and enjoyment of the right to health, experiences.”

Then, we have the participation of an international guest, Oscar Cabrera, Director of the Healthy Families Program of the O’Neill Institute at Georgetown University. His presentation revolved around the law as a fundamental tool to solve health problems

Finally, our Executive Director, Juan Carballo, developed the interrelation between the international and the local level in health regulation.  

We appreciate the support given by the Bar Association, the O’Neill Institute and the Social Rights Research Group (GIDES) to carry out this event.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
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We present a report to the IACHR on the rights of the elderly

In the framework of the public consultation carried out by the Unit on the Rights of Older Persons of the IACHR, Fundeps, together with other civil society organizations, presented a report on national systems for the protection of the rights of older persons at the beginning of this year. the elderly in America.

“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 its 2017-2021 Strategic Plan, the Inter-American Commission on Human Rights prioritized the theme of the elderly. To that end, it considered it necessary to identify synergies to advance in the construction of inter-American standards in this area, as well as the development of new working mechanisms, especially to promote the ratification and implementation of the Inter-American Convention on the Protection of Human Rights. Humans of the Elderly and make visible the situation of this population group.

For this reason, in order to prepare a regional report on the rights of older persons, he called for sending information from the member states of the Organization of American States on national systems for the protection of the rights of older persons. America.

The report was presented by Fundeps, the Inter-American Heart Foundation Argentina (FIC Argentina), the Commission specializing in the Rights of Older Adults of the Bar Association of the Province of Córdoba, the Center for Research in the Law of Old Age -National University of Rosario -, the Permanent Seminar on Research on the Law of Old Age -University of Buenos Aires-, the Research Institute on the Law of Elderly and Disability -Universidad Nacional del Centro de la Provincia de Buenos Aires and the Master’s program in Law de la Vejez -Universidad Nacional de Córdoba.

It made explicit the norms and programs that recognize or develop the rights of the elderly in Argentina, making special mention of the Province of Córdoba. Some of the obstacles and challenges for the protection of the rights of the elderly were highlighted, such as: the absence of intersectoral and articulated policies for the promotion of physical activity, the absence of human rights perspective in the regulations of the residences of long stay, the lack of publicity of the residences of long stay enabled.

Likewise, the report included the identification of the institutions and competency frameworks in the promotion of physical activity for the elderly and long-stay residences and the survey of a good practice at the local level -Córdoba- as is the development of the action research project on access to justice for vulnerable sectors – Project AJuV-, carried out through the Office of Human Rights and Justice of the Judicial Branch of Córdoba, from which contextual action strategies are developed to guarantee the effective access to justice for the elderly.

Finally, emphasis was placed on the absence of mechanisms for data collection and analysis of information regarding older persons and the need to have indicators to measure the results of the (few) public policies implemented, in order to monitor and assess progress and challenges.

In this way, the report gives an account – partially – of the situation of the rights of older persons in Argentina, revealing the regulatory insufficiency in an integral manner and the situation of vulnerability to which the elderly are exposed in the country, making it essential to have public policies with a focus on prioritization and inclusion in order to avoid non-compliance with international standards assumed by the Argentine State.

More information

Author

Laura Alesso

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Healthy school environments: a key policy in the fight against childhood overweight and obesity

The Ministry of Health of the Nation published a document that condenses a series of recommendations for the implementation of policies to prevent overweight and obesity in children and adolescents (NNyA) in educational institutions. It is extremely necessary that these recommendations become effective public policies.

“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”.

This Thursday, March 21, at the Secretary of Government of Health, the presentation of the Document of Standards of Healthy School Environments was carried out.

Overweight and obesity worldwide make up a serious public health problem that has acquired pandemic characteristics, which currently shows a worrying upward curve in children and adolescents. In our country, according to a recent report published by the Secretary of Government of Health in collaboration with UNICEF, overweight and obesity in NNyA represents the most prevalent form of malnutrition.

Currently, many children and adolescents grow and develop in “obesogenic environments”, that is, environments that encourage the excessive consumption of kilocalories and critical nutrients such as sugars, fats and sodium; In addition to offering multiple barriers to the development of physical activity and encourage sedentary behavior. Thus, the lack of regulation that promotes healthier environments has favored the growth of overweight and obesity in recent decades.

The objective of the document published by the country’s highest health authority is to establish standards that guide the process of enacting laws and implementing effective programs aimed at transforming current “obesogenic school environments” into “healthy school environments.” Given that the educational institution is a privileged scenario to promote health and the development of a healthy diet and lifestyle, it is considered essential to promote healthy school environments through comprehensive regulation that defends the rights of children, girls and adolescents and that it provides them with substantial protection.

Specifically, the Ministry of Health recommends the development of school environment regulations that revolve around two main areas: healthy eating and physically active school.

For the promotion of a healthy diet in school, school canteens must comply with the established nutritional criteria and with the standards of preparation and food service. Therefore, it is of the utmost importance that the cooks and kitchen assistants are constantly trained in topics related to the tasks they perform.

In addition, it is essential that the school implements a Food and Nutrition Education (EAN) strategy, and that it promotes healthy eating habits in the dining rooms. Likewise, a school infrastructure must be guaranteed that facilitates access to a healthy diet and, essentially, to safe water. In regard to healthy eating, it is also essential to regulate the sale of food and beverages within educational establishments -of all levels and modalities- and, to that end, ensure that the school is a space free of advertising, promotion and sponsorship of food and drink.

Likewise, and given that the school institution is the most important institutional actor in the promotion of physical activity in childhood and adolescence, the aforementioned organism considers that the school should facilitate access to the practice of physical activity, both in the formal and not formal, and install healthy and active habits, incorporating these topics in teacher training, ensuring accessibility and security in the spaces, with a view of inclusion.

We consider that the technical recommendations of the Ministry of Health for the design of healthy school environment policies are adequate to protect the right to health of children and adolescents. Guaranteeing healthy school environments constitutes an obligation assumed by the State and an opportunity to articulate with social and academic actors. The effective implementation of this policy is an objective that can only be achieved through an intersectoral articulation of different government actors (such as the Health, Education, and Social Development sectors, among others) and through a continuous process that guarantees the sustainability in the implementation and monitoring of measures.

More information

Sobrepeso y obesidad en niños, niñas y adolescentes según datos del primer nivel de atención en la Argentina (2018), Secretaría de Gobierno de Salud. 

GUIA DE ENTORNOS ESCOLARES SALUDABLES. Recomendaciones para la implementación de políticas de prevención de sobrepeso y obesidad en niños, niñas y adolescentes en las instituciones educativas. (2019)

Author

Lucía Pereyra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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At the Cosquin Rock violates the regulations on tobacco advertising

In a survey conducted by FUNDEPS and ALIAR in the well-known music festival “Cosquín Rock”, actions were detected that violate the national and provincial regulations on the advertising of tobacco products.

“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 Argentina, the National Law N ° 26.687 prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; but it contemplates exceptions such as the interior of the points of sale and direct communications to persons over 18 years of age, when their prior consent has been obtained and their age has been verified. The province of Córdoba adhered to the national law through Law No. 10026.

Despite these restrictions, the industry continues to promote tobacco products, with strategies that target adolescents and young people. You can notice, for example, its presence in music shows and night parties, events where the young audience predominates.

In the Cosquín Rock, developed on 9 and 10 February, different tactics could be identified. On the one hand, a large number of promoters and promoters, young people with homogeneous clothing who carried a hanging tray with a fixed and bright advertising, and displayed cigarettes. This gave them a massive visibility throughout the property.

On the other hand, their consumption was encouraged through a special promotion: buying cigarette box packages allowed access to beer at a lower cost than the sale at the authorized premises. In addition, buying beer from those who sold cigarettes avoided the long wait to pay for it at other points of sale.

The brand that was advertised was Rothmans, belonging to the group BAT (British American Tobacco) and cigarettes were flavored, a mechanism that clearly tries to attract new consumers and consumers, seeking to associate tobacco with known flavors. The age of the people who attended was not controlled, so children were also exposed to these strategies.

This type of practice is prohibited according to the law n ° 26.687 and specifically according to the provisions of the regulatory decree n ° 602/13 that expressly contemplates the prohibition of advertising in spaces for public use and promotional discounts.

From FUNDEPS and as members of the Free Alliance of Smoke of Argentina (ALIAR) we denounce this situation before the Secretary of Government of Health of the Nation.

In this context, it is urgent to make progress in regulations that completely prohibit the advertising, promotion and sponsorship of tobacco products, as recognized by prestigious public health institutions and the Framework Convention on Tobacco Control, a public health agreement ratified by 181 countries of which Argentina is not a part.

The cigarette promotion at Cosquín Rock responds to a series of strategies aimed at young people. Allowing this type of advertising in musical events and night parties involves continuing to strengthen the idea of ​​cigarettes as a product linked to fun, independence, rebellion, freedom … ignoring its addictive and deadly nature. Even today, tobacco remains the leading cause of preventable death in Argentina.

More information

Advertising actions of the tobacco companies on websites and events | FIC Argentina

Author

Julieta Segura

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The National Coalition to Prevent Childhood Obesity in Children and Adolescents spoke in favor of the frontal labeling of warnings

The National Coalition to Prevent Childhood Obesity in Children and Adolescents, a network of civil society organizations created with the support of UNICEF Argentina, spoke in favor of the adoption by our country of a frontal labeling of warnings, such as It was suggested by the Secretary of Health of the Nation. He also urged to convert these recommendations into effective public policies that raise the standards of protection of the right to health and adequate food.

“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”.

A nivel nacional, según la Encuesta Mundial de Salud Escolar (2012), en los últimos cinco años, en el grupo de adolescentes de 13 a 15 años aumentó el exceso de peso del 24,5% al 28,6%. A su vez,  la prevalencia de obesidad pasó del 4,4% al 5,9%.  Esta situación demuestra la necesidad de formulación de políticas públicas que tiendan a disminuir el consumo de productos con nutrientes críticos y a mejorar los hábitos alimentarios de la población a los fines de reducir el sobrepeso, la obesidad y otras enfermedades no transmisibles.

En este sentido, prestigiosas organizaciones de salud pública y comités de derechos humanos, han sugerido la adopción de un etiquetado frontal de alimentos como política de probada efectividad para prevenir la obesidad y el sobrepeso.

En Argentina no existe un sistema de etiquetado frontal de los alimentos establecido por ley que informe a consumidores y consumidoras acerca de altos contenidos de nutrientes críticos (azúcares, grasas y sodio) ni tampoco es obligatoria la declaración de azúcares en los productos envasados. En este contexto, el Programa Nacional de Alimentación Saludable y Prevención de la Obesidad coordinó un debate y el posterior posicionamiento de la Comisión Nacional de Alimentación Saludable y Prevención de Obesidad, respecto del tipo de etiquetado frontal a recomendar para la Argentina.

Desde la Coalición, apoyamos las recomendaciones efectuadas por 9 de las instituciones participantes, entre ellas la Secretaría de  Gobierno de Salud de la Nación, quienes se manifestaron a favor del etiquetado frontal de advertencia y el perfil de nutrientes de la OPS. Instamos a que estas recomendaciones se traduzcan en políticas públicas efectivas para la protección del derecho a la salud y la alimentación adecuada a través de regulaciones vinculantes.

Download full statement

More Information

Etiquetado frontal de advertencias: una política necesaria para proteger el derecho a la salud

Participamos del lanzamiento de la Coalición Nacional para la Prevención de la Obesidad Infantil

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Arcor responded to the complaint filed with the Ombudsman for Children and Adolescents

The company Arcor presented a report to the Ombudsman for Children and Adolescents (NNyA) arguing that the campaign “your fair share” is respectful of current legislation and does not violate the rights of children and adolescents.

“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”.

On December 21, we received a communication from the Defensoría de NNyA of the province of Córdoba, before which we filed a complaint against the self-proclaimed “Tu Porción Justa” campaign of the Arcor company. This campaign violates the right to health and adequate food for children and adolescents by promoting the consumption of products that are high in critical nutrients.

In this communication, the Ombudsman informed us that the Arcor company, using its right of reply, had presented a report arguing that said campaign is respectful of the current legislation and does not violate the rights of children and adolescents.

Also, the Ombudsman suggested to arrange a meeting between FUNDEPS and Arcor to bring positions closer.

On the other hand, within the framework of consumer law, in the first conciliation hearing held in out-of-court venue, we requested from the Arcor company the marketing studies and the scientific foundations on which the campaign was designed, as well as the contacts of nutritionists and professionals who supported it, in order to better understand the scientific evidence mentioned by the company. This information was not provided by the company, after the second conciliation hearing in extrajudicial headquarters.

We continue working and demanding public policies that effectively protect the right to health and adequate food, and that do not leave room for the development of this type of campaign that violates these rights.

More information

Contact

Agustina Mozzoni agustinamozzoni@fundeps.org

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The tobacco companies lose a battle: Tierra del Fuego can display cigarettes in kiosks

The province of Tierra del Fuego regulated the law nº 1203 of control of smoking, sanctioned on December 15, 2017. The regulations are called to be the highest national standard because, besides incorporating the complete prohibition of advertising, promotion and sponsorship of tobacco, expressly contemplates the prohibition of product exhibition.

National Law No. 26,687 meant the end of campaigns, commercials, sporting events and fashion shows sponsored by cigarette brands; by restricting advertising, promotions and sponsorships only to advertisements at points of sale, publications of companies in the sector and direct communications, with prior consent and verification of the age of majority of the recipients.

However, the tobacco industry knows how to take advantage of the existing legal vacuum: it is responsible for complying with advertising requirements, but it allocates a large part of its resources to the exhibition of tobacco products, making this one of its main marketing strategies. In terms of visibility and brand promotion, the effect achieved is as powerful as that of advertising.

Several provinces of our country have also advanced with regulations that establish a broad ban on tobacco advertising, examples of which are Santa Fe, Neuquén, San Luis, Santa Cruz and La Pampa. However, Tierra del Fuego is the first case in which there is expressly a ban on the exhibition of tobacco products, which constitutes a significant and novel advance in terms of health protection, especially for children and young people.

Thus, article 4 defines what should be understood by exhibition, saying that it is: “any form of exhibition of products and by-products made with tobacco that allows its visibility”. Subsequently, in its article 17 the regulations refer specifically to the exhibition of tobacco products in points of sale stating that: “Commercial premises where products provided by this law are sold, may place signs inside (…) provided that they are not seen directly or indirectly from the outside, nor contain colors, logos, isotypes or any other design that allows to identify the commercial brands of the products or their production companies “. In turn, the provisions that establish the prohibition of exhibition in places of mass competition (Article 11), as well as the one that prohibits the direct or indirect exhibition of tobacco products “through any means of dissemination or communication, deserve special attention. , recommendation or commercial action in order to directly or indirectly promote the product or its use “(Art.16).

We believe it is essential to establish a ban on advertising and promotion of tobacco products, without exceptions. According to studies carried out by WHO, the elimination of any form of advertising, promotion and sponsorship, including the exhibition of tobacco products, is one of the most effective measures to prevent consumption.

In this same sense, the Committee on Economic, Social and Cultural Rights (ESC rights) has expressed itself, expressing to Argentina its great concern about the precarious regulation of advertising campaigns of tobacco companies. That is why, as he did in 2011, he reiterated to the State the need to ratify the WHO Framework Convention on Tobacco Control and adjust the internal regulations on advertising of tobacco products to the standards established therein; the increase in taxes to levels that have a deterrent effect on tobacco consumption and the adoption of information measures on the negative impact of tobacco on health, emphasizing the need to protect young people and children.

Author

Maga Merlo Vijarra

Contact

Agustina Mozzoni,  agustinamozzoni@fundeps.org

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Frontal labeling of warnings: a necessary policy to protect the right to health

The Ministry of Health published a bibliographic review document of front labeling options. The highest health authority in our country explicitly recommends the frontal labeling of warnings. It is urgent to turn those recommendations into public policies.

“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 our country, according to the National Survey of Risk Factors 2013 (ENFR 2013, Ministry of Health of the Nation), 57.9% of the adult population is overweight, 34.1% have high blood pressure and the daily average of portions of fruits or vegetables consumed is 1.9 per person. Added to this is the fact that salt consumption is twice as much and added sugar is three times the maximum recommended by the World Health Organization (WHO). This situation demonstrates the need to formulate public policies that tend to reduce the consumption of products with critical nutrients and to improve the dietary habits of the population in order to reduce overweight, obesity and other noncommunicable diseases.

In this sense, the World Health Organization has recognized a series of policies of proven effectiveness to prevent obesity, such as the restriction of advertising of unhealthy foods and beverages, a front labeling of food warnings, fiscal measures, among others. In addition, numerous human rights committees have recommended the implementation of food policies as a necessary element to protect the right to health of people.

Thus, in the concluding comments made in November of the current report to Argentina, the Committee on Economic, Social and Cultural Rights recommended “Taking effective measures to discourage the consumption of food and beverages harmful to health, including by increasing the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in products, and implementing restrictions on the advertising of foods and beverages harmful to health, particularly those intended for children”. In the same sense, the Pan-American Health Organization (PAHO) proposes frontal labeling as one of its lines of action for the prevention of them because it facilitates the selection of healthier foods and encourages the industry to reformulate its products with the goal of making them healthier.

In Argentina there is no system of front labeling of foods established by law that informs consumers about high contents of critical nutrients (sugars, fats and sodium) nor is it mandatory to declare sugars in packaged products. For this reason and in accordance with the recommendations described, the National Program of Healthy Eating and Prevention of Obesity worked to promote a debate and positioning of the National Commission of Healthy Eating and Prevention of Obesity, regarding the type of frontal labeling to recommend for the Argentina. In this framework, 16 participating institutions voted on what type of frontal labeling and which nutrient profile system to adopt: 9 proposed warning labeling, 2 suggested Nutri-Score, 1 proposed the combination of both (warning plus Nutri- Score), 1 institution recommended a system of its own, 2 suggested the GDA with colors of the traffic light and 1 institution proposed “anyone other than the GDA”. Regarding the nutrient profile, 9 institutions proposed a profile of PAHO or an adaptation of it.

The researches examined showed the ineffectiveness of the GDA (daily feeding guides) labeling – which reports recommended percentages of daily energy or nutrient intake per serving or product – since it is generally not understood by adults or by adults. children, it takes a lot of time and is confusing even with nutritional knowledge. Despite this, this system was recommended by the Coordinator of the Food Products Industries (COPAL), an institution that declared conflicts of interest to receive financing from the industry, and by the Ministry of Production and Labor (Secretary of the Government of Agribusiness and Secretary of Commerce).

On the other hand, numerous publications explain why the frontal labeling type traffic light and the summary systems (Nutri-Score and HSR) do not influence the purchasing behavior, which is why they would not be appropriate to help the consumer in the choice of products healthy The semaphore problems to achieve this purpose, are linked to the confusion that generates in the nutritional interpretation. It has been proven that there is a compensation effect between green and red colors when they occur in the same product at the same time and that reporting on unfavorable attributes has a greater effect on the purchase decision than reporting favorable attributes. Therefore, we compare the confusion generated by the traffic light front labeling with the confusion that would generate for a motorist, that the traffic light keep its red and green lights on at the same time.

On the other hand, Nutri-Score classifies foods and beverages according to five categories of nutritional quality and a score is established assigning the product a letter and a color. The most nutritionally favorable product obtains a green “A” score and the nutritionally less favorable product obtains a red “E” score. Research showed that although it was useful to classify how healthy foods are, it was not effective to improve purchasing behavior due to the complexity generated by the combination of 5 letters with a gradient of 5 colors ranging from red to green. In addition, a food may have a high sugar content, but if it has fiber, its assessment will not necessarily be red. In this way, the consumer does not know that the food has a high content of sugar, fat or sodium, information that was shown to influence the purchasing behavior. This type of front labeling was recommended by the Center for Studies on Food Policy and Economics (CEPEA) and Center for Studies on Child Nutrition (CESNI), both institutions that expressed conflicts of interest in receiving financing from the industry.

From FUNDEPS, we supported the recommendations made by 9 of the participating institutions, including the Health Ministry, who spoke in favor of the frontal warning labeling and the nutrient profile of OPS. Indeed, numerous studies have shown that this system is the most effective in identifying products with a high content of critical nutrients (sugars, saturated fats and sodium), provides better information for the consumer, in a shorter time and favors the selection of food. healthier. Likewise, this type of labeling is prioritized because it is the most understood by children and adolescents and people of lower educational level, which is central to contemplate the perspective of inequity in public policy and protect especially the groups in the most vulnerable situations. vulnerability, those who suffer the most from obesity, malnutrition and chronic diseases in general. 

On the other hand, the Government Health Secretariat recommended that “the frontal labeling system be implemented in a mandatory and gradual manner. Progressive implementation could be useful to give both consumers and industries time to adapt to changes. It is also proposed to accompany the strategy of front labeling with communication and awareness campaigns so that the population understands the labeling and has more information on nutrition and healthy eating. In addition, it is recommended that front labeling be used as a tool to define other healthy eating and obesity prevention policies. Thus, all those foods and beverages with a critical nutrient in excess, as established by the frontal labeling system, are subject to marketing restrictions, are excluded or are included in small quantities in social plans with a food component and are not offered in establishments. schoolchildren or community kitchens. “

We consider that the technical recommendations of the Ministry of Health for the design of food labeling policies are adequate to protect the right to health of the population. In effect, the warning labeling supplies the necessary information on critical nutrients in excess, whose consumption is sought to be reduced. Thus, it protects consumers in order to make informed decisions, and contributes to the prevention of noncommunicable diseases related to inadequate nutrition. In this context of the growth of chronic noncommunicable diseases linked to an inadequate diet, it is urgent that the recommendations of the Ministry of Health become public policies that enable effective protection of health.

More information

Nutritional front labeling of food

Author

Slavenka Zec

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org