Tag Archive for: Front Labeling

Through this initiative, FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo seek to promote a citizenry committed to the labeling law and thus generate the first citizen report on its compliance. The initiative arises from the identification of various breaches and the lack of effective control by the State.

“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”.

Let’s not let it pass” is the new campaign launched today by FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo to promote an informed citizenry and committed to the effective implementation of the labeling law. The nationwide campaign seeks to generate a citizen report on the state of compliance with the law, 10 months after the start of its implementation.

In 2021, the organizations promoted the campaign “Don’t cover our eyes” to promote the approval of the law and, on this occasion, they meet again so that this public health measure is effectively complied with. The campaign emphasizes some components of the law referring to the presence and characteristics of the seals (their size, location on the container, for example) as well as their disposition in the gondola.

“A few months ago we carried out a research study to find out how the law is being implemented and we detected that in 83% of the supermarkets surveyed there were breaches regarding the disposition of the products on the gondola, the seals were not visible to the consumer. In 67% we found promotions associated with the price (such as “15% discount” and “50% discount on the second unit”) in products with stamps, which also shows a breach of the provisions of the law, and in the 12% of the surveyed products, the seals were not on the main face of the container. The State must sanction these breaches and with the campaign we seek to make them visible,” said Leila Guarnieri of FIC Argentina.

“It is a priority that the commitment extends throughout the country, counting on the federal representation of the provinces, which monitor compliance with the Law through committed citizens and nutrition professionals who, through Education and advocacy actions put the visibility of this Law at the center of the scene. As a Federation we join the efforts of the entities that we bring together for the effective compliance of the Law, without exception”, declared Ana Caceres from FAGRAN.

“For a full implementation of the Labeling Law, it is essential that as citizens we get involved and demand its compliance. Although it is the State that has the obligation to control, we are observing that these mechanisms can be deficient and inopportune. In addition, up to now we have no data that sanctions have been applied to companies that break the law. For this reason, it is important that we remain alert and report non-compliances to demand that the authorities monitor and sanction appropriately,” said Maga Merlo from Fundeps. And he added: “Let us remember that this law comes to protect fundamental rights such as health, adequate food and information for consumers, and especially for groups in vulnerable situations, such as children. Citizen participation is essential to build transparent public policies.”

“The platform also arises from the need to make visible the actions of companies that break the law in different ways, interfering mainly in the guarantee of the right to information of consumers. Being able to document, systematize the information and thus channel the claim to the enforcement authorities will allow the State to act in such a way that it can put into operation its own strategies to mitigate non-compliance,” said Ignacio Porras from Fundación SANAR.

“For a norm to be effective and not die in the sanction, it is essential that we get involved and demand its correct implementation. It is a matter of appropriating the Law and knowing it to be able to claim for our rights and build new horizons”, declared Ariana Krochik of Consciente Colectivo.

How to participate in this campaign?

Registering breaches at www.nolodejemospasar.org

Contact

Maga Merlo, magamerlov@fundeps.org

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

This document summarizes the good practices of the Latin American countries that have incorporated front-facing food labeling into their regulations. A brief summary of the result of the analysis of the regulations of all these countries will be presented, and a clear comparison will be provided. on every aspect of those standards.

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

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 

Together with Sanar, on Thursday, January 20, we sent a letter to the Nation’s Minister of Health (Dr. Carla Vizzotti), to the Secretary of Access to Health (Dr. Sandra Tirado) and to the Director of the National Food Institute (Lic. Monica Lopez). We request that the regulation of the Law for the Promotion of Healthy Food, sanctioned on October 26, be regulated in terms of transparency, free of conflicts of interest and with the participation of civil 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. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

While the bill was discussed in the different chambers of the National Congress, attempts by the food industry to reduce its rigor became visible. Without success, now that it is time for its regulation, we fear the possible interference of the industry with orders aimed at hindering and delaying the process. For example, the shifting of the terms of the application of the law and the attempt to avoid the correct labeling in certain forms of presentation of drinkable and edible products.

To give rise to these possible interferences, other regulations that make up the regulations could be weakened; especially those that are intended to protect groups in a situation of vulnerability, such as children, adolescents, and low-income families.

It is due to this, that from the different civil society organizations we carry out different actions that demonstrate our interest in participating in the processes related to the regulation of the law; Since we do not have any type of conflict of interest, we can guarantee that it is regulated in a transparent manner and in accordance with the rights acquired at the time of sanction.

The health care of the Argentine population is still not certain, and we need the ministerial and competent entities to guarantee processes that respect that the regulation of the law will be based on the existing scientific evidence on the subject, in a clear and transparent.

Author
Lourdes Aparicio

Contact
Maga Merlo Vijarra, magamerlov@fundeps.org

Last Tuesday, October 26, in the Chamber of Deputies, with 200 votes in favor, the sanction of the Law for the Promotion of Healthy Eating was achieved, better known as the frontal labeling law.

“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”.

For years, in Argentina we did not know if what we ate hid any risk to our health. The increase in diseases related to poor diet (such as diabetes, hypertension and certain types of cancers), determined the need for the Argentine State to start moving forward with regulations that put the health and quality of life of the population as a priority. . After almost a year after the project left the Senate, and after several marches and countermarches, deputies were able to put aside their partisan differences, to finally approve the Front Labeling law.

This law protects three fundamental rights: health, adequate food and information in consumer relationships. For this, the regulations establish that all products packed in the absence of the customer and containing a high content of critical nutrients -such as sodium, sugar and fat- bear, on the main face of the container, black octagons with the legend “Excess in” . In this way, it is sought that simple and reliable information is available when deciding what to eat. In other words, the sale of any product is not prohibited, but rather it is intended to adequately warn of the true composition of what is being consumed.

More than a black seal

Throughout all this time, from various academic sectors and civil society, we highlight the comprehensive nature that the regulations managed to meet. This is due to the fact that, around the chosen labeling system, other regulations have been established that strengthen the protection of the right to health. These are the restrictions on advertising, promotion and sponsorship, regulations in educational establishments and in public purchases by the State.

With regard to marketing, the law requires that when a product is advertised that contains at least one warning seal, all the black octagons that this product bears are visible and / or enunciated. It only prohibits advertising when it is directed at children and adolescents and it is a product with excess fat, sugar and sodium. Given that we are in the presence of a regulation that seeks to protect children above all, the law also establishes that groceries with one or more warning stamps cannot have so-called “shopping hooks” on their packaging, such as drawings. cartoons, cartoons, famous people, athletes, etc. This is important because nothing that appears in the packaging of a product is the result of chance. On the contrary, it has been the object of analysis with the deliberate purpose of attracting the public, especially those who are in the development stage and who may not have enough knowledge to decide freely.

Regarding the educational establishments that make up the initial, primary and secondary level, the products that contain at least one warning seal or precautionary legends (“contains sweeteners, not recommended in children” or “contains caffeine, avoid in children / as ”) cannot be offered, marketed, advertised, promoted or sponsored. Likewise, in order to contribute to the development of healthy eating habits and warn about the harmful effects of an inadequate diet, the regulations also propose the development of minimum contents of nutritional food education in schools.
Finally, in relation to purchases by the State, the Public Administration must prioritize the contracting of all those products that do not have stamps. In this way, it seeks to positively impact the health of the most vulnerable sectors of the population, who are those who are most exposed to the consumption of processed and ultra-processed products.

Thus, the new law is positioned as an instrument capable of transforming the way in which the Argentine State addresses the food problem. For decades, policies have been replicated without taking into account nutritional criteria and consequently, they have not managed to reverse the chain of impoverishment or the situation of food insecurity.

What’s next

Each of the points mentioned shows that the Law for the Promotion of Healthy Eating is an advanced regulation that prioritizes public health over any other interest. It is the result of the consensus of different political forces and the best scientific evidence free of conflicts of interest.

We welcome its approval as it guarantees access to nutritious and quality food, while seeking to curb the strategies that the food industry systematically uses to promote excessive and uninformed consumption.

We took a fundamental step in terms of the protection of human rights, but the road ahead is still long. We are facing the challenge of regulation, where we know that the industry will continue to use all its machinery to protect its interests. For this reason, it is important that at this stage, each of the articles that make up the regulations continue to be protected and prioritize our rights.

Contact

Maga Merlo Vijarra,  magamerlov@fundeps.org 

 

Faced with the excessive delay due to the enactment of the front warning labeling law in the Chamber of Deputies, we submitted requests for information to the Anticorruption Office and the Transparency Office of the lower house in order to determine the potential existence or non-existence of conflicts of interest that could be affected to its sanction.

“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”

Throughout the debate on the front labeling law, it has been possible to glimpse cases of legislators who have adopted many of the narratives used by the food industry to obstruct or prevent the sanction of the regulation. For example, statements regarding the need to previously harmonize with Mercosur, the creation of technical barriers to trade, the demonization of food, the impact on jobs, among others. These arguments are characterized by being devoid of scientific evidence and lacking normative support. Well, far from being motivated by a public health interest, they are aimed at protecting the economic interests of the sector.

The bill has been in the Chamber of Deputies for almost a year and if it is not dealt with this year, it will lose parliamentary status. Faced with the questions that arise regarding the possible reasons that delay its approval, the potential existence of conflicts of interest in those who make up the Chamber, is presented as an unknown that deserves to be investigated and made visible by civil society organizations.

The Argentine legal system provides for a set of ethical principles and standards that the authorities are obliged to respect in order to guarantee that the public function is exercised in an integral and transparent manner. Among these rules, there is the regime of conflicts of interest, which establishes a series of measures and restrictions that are intended to prevent those who exercise public functions from being affected by their impartiality -or independence of criteria-, by putting their interests first. private over the public interest.

Based on this legal framework of transparency and in exercise of the right to petition the authorities, on September 6, we presented two requests for information: one, before the Anti-Corruption Office and another, before the Office of Transparency and Access to Information Public of the Chamber of Deputies of the Nation.

In this way, we request the affidavits of assets from legislators who have publicly and officially expressed themselves against the sanction of the law and which, to date, have not been published on official sites. Likewise, we request access to the list of meetings that these authorities – and their advisers – have arranged, in order to determine if there were meetings with the food industry where agreements that are affecting their impartiality have been generated, as well as the list of gifts or donations. that they may have received on the occasion or occasion of their functions.

We will continue to investigate possible avenues for complaint and urge the Anti-Corruption Office to promptly respond to the request for information submitted. The presence of conflicts of interest affects the quality of the political system and the functioning of democracies. It generates a gradual disbelief in the population about the legitimacy of public decisions and gives rise to interests outside the common good to interfere in the processes of public policy making. Making visible generates awareness in the public and is the way so that these practices are no longer legitimized.

 

More information

Authors

Alma Colina

Maga Merlo Vijarra 

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

This report sets out the various legal arguments supported by the non-alcoholic food and beverage industry, as well as by the advertising industry, against the sanction of the Healthy Eating Promotion bill; and then refute them based on legal arguments and scientific evidence free of conflicts of interest.

On October 29, 2020, the Chamber of Senators gave a half sanction to the bill for the Promotion of Healthy Eating, with 64 positive votes and 3 negative. From then on, the Chamber of Deputies had the duty to promote the corresponding legislative treatment until it was approved. However, the procedure to date has undergone a series of back and forth that jeopardizes its approval.

“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”

After intense complaints from civil society organizations for the lack of initiative from the Chamber of Deputies, an information meeting was held within the framework of the special sessions on February 23 of this year. There, referents from the industry sector, as well as representatives of consumer and health organizations, shared information and presented their position on the various regulations and measures that make up the regulations in question. However, the deadlines were not sufficient for deputies to manage to implement it. The parliamentary debate on the bill should have been postponed.

At the same time, almost surprisingly, the National Executive Power broke into the ambit of the National Food Commission (CONAL) and Mercosur with the presentation of another proposal regarding the frontal nutritional labeling of foods. This proposal has the particularity of being friendlier and more flexible with the food industry inasmuch as it not only modifies the nutrient profile system (that is, the values ​​from which it is possible to consider an edible high in sugars, sodium, fat or calories), but also excludes the entire set of other measures that are also part of the current bill. These include regulations for school environments and issues related to advertising.

Faced with this scenario, the demands of civil society were once again necessary for the Chamber of Deputies to resume and promote the treatment of the bill for the Promotion of Healthy Eating. Thus, on April 6 and already within the framework of its ordinary sessions, the fourth information session took place. On this occasion, Fundeps, together with other organizations, highlighted the strengths that the current bill presents in the field of health protection, the need to maintain its parliamentary treatment and the urgency in which the bill is approved without modifications.

Why is it important that it be through the National Congress and not through CONAL?

The proposal promoted by the National Executive Power in CONAL and Mercosur implies a relaxation of the protection standards in health matters. In this sense, it presents important differences with the bill.

One of them is the one concerning the graphic system. The bill establishes that non-alcoholic packaged foods and beverages must include a warning stamp with the legend “excess in” on the main face of the packaging. However, the resolution presented by the Executive proposes its modification to “stop in”. This is not minor or coincidental, if one takes into account that the available scientific evidence indicates that the expression “high in” does not generate the alert that is expected in consumers, and consequently the effectiveness of the policy may be diminished. If an edible design contains excessive amounts of critical ingredients, this circumstance should be expressed as clearly and simply as possible.

A second difference is given by the nutrient profile adopted. This would no longer be that of the Pan American Health Organization (PAHO), but another much more lax one that would make products reached by warning seals according to the PAHO nutrient profile, be offered in the market as free of black octagons . The best scientific evidence available to date and, above all, free of conflicts of interest, shows that the OPS profile allows identifying the products that, beyond the size of the portion considered, tend to unbalance the diets of the people and, consequently, negatively impact their health.

A third difference is that the Executive’s presentation, by limiting itself only to food labeling, leaves key points of the bill unregulated, such as school environments, issues concerning advertising, claims regulations, and seals of endorsement, etc. The bill that is under treatment in the Chamber of Deputies is characterized by being a comprehensive regulation that seeks to penetrate much deeper, as it would allow us to improve our environments, making them healthier and safer spaces. This takes on greater relevance if one seeks to protect the well-being and health of children and adolescents, who, since they are in a stage of training and development, require special protection from the State.

Finally, it remains to add that if the Executive’s proposal continues its course until it is approved by CONAL or Mercosur, the voice of the society represented in the National Congress would be disregarded. This body, established as the highest bastion of popular will, has a constitutional duty to legislate and promote measures that guarantee the full enjoyment and exercise of the rights recognized by the Constitution and international human rights treaties. Likewise, it should be noted that the legislative body is the one that allows more participatory work and greater control by citizens. Unlike what happens in CONAL, whose mode of operation is more hermetic, and where citizens have greater difficulties in accessing what is deliberated and resolved there.

It must be said that the current bill is not only based on the best available scientific evidence free of conflicts of interest, but has also been the result of long processes of discussion and consensus between different political parties. These circumstances allow this type of policy to be conceived as a State policy, giving it more strength, greater legitimacy and more possibilities that it can be sustained over time.

It took many years to accomplish this very important step. Today, the conditions are in place for Argentina to have the best law. The high prevalence of chronic non-communicable diseases, which currently affects the population, requires a policy that more comprehensively addresses public health problems.

In this sense, the draft Law for the Promotion of Healthy Eating is a necessary measure to protect the constitutional rights to health, adequate food and the rights of consumers. That is why, we ask our deputies to unite their wills so that the project passes quickly to an opinion and that it finally becomes a law without modifications.

Author

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

Through a regulatory decree, Uruguay modified the criteria established for the application of warning stamps on food products. With the new resolution, the limits to critical nutrients were relaxed and companies will be able to sell their products with high levels of sodium, sugar and fat, without being reached by the regulations.

“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”

By 2018, Uruguay became the third country in the Americas to adopt the frontal labeling system for food warnings. This public health measure, widely celebrated by the Pan American Health Organization (PAHO), was intended to be part of the response to malnutrition that affects 34% of Uruguayan children of school age. For its part, Decree 272/2018, within its clauses, granted companies an adaptation period of 18 months, enough time for the food industry to accommodate the political scenario in its favor. Thus, the entry into force and inspection of the measure was only set for March 1, 2020.

However, when the time came, the implementation of Decree 272 was not a priority. After many twists and turns, the government approved another decree (246/020) which not only extended the effective date of mandatory labeling to February 2021, but also established important variations to the original rule.

In Uruguay, the strategies used by the industry were the same as those used in other countries where front labeling was also discussed (Peru, Chile, Mexico and currently Argentina). The dilation of times, the sponsorship of specialists for the dissemination of biased research, as well as the denial and proposal of alternatives without scientific basis, are part of their best-known tactics that seek to protect only their economic interests.

Thus, far from being the Ministry of Public Health the one that proposed and announced modifications based on scientific evidence free of conflict of interest, the one in charge of doing so was the Ministry of Industry, Energy and Mining. Hence, it is not surprising to observe that the changes made by the government have revolved around the PAHO nutrient profile system, giving rise to a more flexible and friendly regulation with the food industry, and in evident damage to public health .

In this way, food companies in Uruguay today have the possibility of selling as stamp-free products those that contain 20% more sodium (from 400 to 500mg), 30% more sugars (from 10 to 13g) , 45% more saturated fat (9 to 13g) and 50% more total fat (4 to 6g), in portions of 100 grams or 100 milliliters.

For this reason, according to a statement from the Civil Society Alliance for the control of Non-Communicable Diseases, “the main products benefiting from this flexibility will be those with excess sugars and fats, in particular dairy products and desserts. , which are often advertised as healthy and with which the Food Industry carries out an aggressive marketing strategy, aimed at boys and girls. This (vulnerable) population will be the main recipient of these changes, given that many of these products will no longer have the label despite continuing to be just as harmful to their health ”.

In a critical context of the increase in Noncommunicable Diseases, the complicity of the Uruguayan government with the interests of the industry is not understood. According to PAHO statistics, Uruguay is among the Latin American countries that registered the highest increase in the consumption of ultra-processed products between 2000 and 2013, translating into an increase of 146%.

Given that the consumption of these products with excesses, are the main contributors to the generation of these diseases, it becomes necessary the existence and application of public policies that effectively protect the right to health of the population, especially those groups in a situation vulnerability, as are children and adolescents. Likewise, the importance of ensuring that public health policy-making processes are free of conflict of interest and industry interference is highlighted. Well, these must be based on the best available scientific evidence and not on the economic interests of a particular sector.

From Fundeps and SANAR, we join the claims of Civil Society Organizations that require the Uruguayan government to implement a frontal food labeling that protects and guarantees the right of access to information by consumers, as well as the right to health of Uruguayans.

From Fundeps we are addressing the senators to express the importance of their vote in favor of the Front Warning Labeling Law, which already has a favorable opinion from the Health and Industry and Commerce commissions.

“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 growth in obesity and overweight rates in our country is alarming and has been growing steadily in both boys, girls and adolescents as well as in the adult population; and advertising, lack of information and misconceptions about the nutritional value of what we consume are among the main contributing factors in the development of this epidemic.

In Argentina there is no food labeling system established by law that informs consumers in a clear, truthful and simple way if that product contains nutrients critical to their health. In this sense, scientific evidence clearly shows that frontal warning labeling is the best regulatory option to facilitate decisions that protect health. International organizations specializing in public health, such as the World Health Organization (WHO) and the Pan American Health Organization (PAHO) have clearly spoken out in favor of frontal warning labeling.

Furthermore, international human rights obligations require active policies based on scientific evidence that protect the right to health and the right to food. Recently, the United Nations Special Rapporteur on the right to health, Dainius Püras, issued a statement calling on States to address the global impact of non-communicable diseases by adopting front-of-packaging labeling policies. for food.

Regarding which cut-off points should be used to determine when a product contains an excess of any of the critical ingredients (sugar, sodium, fat, calories), the nutrient profile model of the Pan American Health Organization – defined by a an institution that is a benchmark in public health interventions – it constitutes the highest standard of protection. This system has been adopted in the laws of countries in the region, such is the case of Chile and, recently, Mexico.

Senators have the opportunity to take this policy one step further. The experiences in countries such as Chile, Peru, Uruguay and -recently- Mexico show that it is possible to advance in evidence-based measures that address the specific needs of our countries and prioritize the human right to health and food. adequate above the interests of the industry.

More information

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org