Tag Archive for: Health

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History not to repeat: in Uruguay the industry managed to accommodate the labeling in its favor

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.

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Impact of COVID-19 on the Sustainable Development Goals

(ONLY SPANISH) The COVID-19 pandemic has had an unprecedented global impact in the modern era. Many countries are in a health, economic and social emergency due to the negative consequences of the fight against the new coronavirus.

Undoubtedly, the Sustainable Development Goals (SDGs) established for the United Nations 2030 Agenda will be affected. In this paper we analyze some of the positive and negative impacts on the SDGs, although we anticipate that in general the outlook is negative, especially if we focus on the effects it will have on community health and the increase in inequalities due to the economic slowdown. world.

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We present new complaints for electronic cigarette advertising on social networks

After the lack of response to the claims made in 2019, we once again filed complaints with the Ministry of Health of the Nation, ANMAT and Defense of Consumers due to the illicit advertising of electronic cigarettes, carried out by the company Mig Vapor LLC in videos of musical artists broadcast through Youtube Argentina.

“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 November 30, we filed a new claim with the Ministry of Health of the Nation for the illicit advertising deployed by the company Mig Vapor LLC in music video clips broadcast by the YouTube Argentina platform. The advertising contained in said videos consists of repeatedly showing artists consuming electronic cigarettes, constantly displaying the brand’s name in easily visible places, as well as providing a link in the description of the song that redirects to the brand’s website, where its products can be purchased without any type of control or impediment.

Since the Ministry of Health is the authority in charge of ensuring effective compliance with National Law No. 26,687 on Tobacco Control, we ask you to order YouTube, based on its status as an intermediary, to eliminate said audiovisual content produced in National territory. In addition, we ask that the links found in the description of the reported videos be removed and that redirect to the Mig Vapor LLC website. This claim consisted of a reiteration of the complaint made on October 2, 2019, due to the total lack of response from said body.

Likewise, on September 17, we presented an early dispatch to the National Administration of Medicines, Food and Medical Technology (ANMAT), because this entity has expressly prohibited the advertising of electronic cigarettes in Argentina. However, we still do not get a timely response.

Finally, and in order to exhaust the various possibilities of claim granted by the Argentine legal system, we file a complaint with the Defense of Consumers. The action deployed by Mig Vapor LLC is part of a case of covert advertising, which due to its characteristics violates the rights of consumers, including to receive adequate and truthful information, to be treated with dignity and to adequately protect their Health. To this end, innumerable bureaucratic obstacles had to be overcome that reveal the serious difficulties in access to justice, not only for Civil Society Organizations, but also for Argentine citizens.

Through our complaint, we demand that the Defense of Consumers be the one who reliably notify Youtube Argentina to arbitrate the necessary means to control that the content that is reproduced through its platform, respects the tweet rules of the people consumers, the rights of children and adolescents, as well as the entire existing Argentine regulatory framework on tobacco control.

Currently, the tobacco industry continues to deploy its marketing strategy and, together with influencers, social networks are the showcase they use to circumvent the legal regulations of our country, and thus achieve their main objective, which is to promote and advertise their products, mainly, in children and adolescents. That is why we consider it necessary that both the State and the social network companies take measures that, in an effective way, allow to protect the rights of the youngest, as well as to put a stop to the predatory practices of commercialization of the tobacco industry.

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“Contains” half a sanction in the front food labeling law

With 64 positive votes and 3 negative votes, the Argentine Senate gave a half sanction to the project of frontal warning labeling. With the approval of the Chamber of Deputies, it would become 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”.

The debate on the text took place in the framework of an extensive session that took place on Thursday, October 29, which included different topics. The project, which understands labeling as the gateway to the adoption of other food policies, is based on the best standards recognized by human rights organizations and public health institutions.

Among the highlights of the text of the project are:

  • Use of the warning system for black octagons, with the legend “excess in”
  • Inclusion of the PAHO nutrient profile system.
  • Prohibition of all types of advertising on products that carry at least one black stamp; including the use of animated characters, prizes or gifts and the restriction on the use of claims
  • Inclusion of the legend: “contains sweeteners, not recommended for children” “contains caffeine. avoid in children ”
  • Prohibition of the promotion, offer and commercialization of products that have at least one black in school settings.

The next step is the discussion of the text in the Chamber of Deputies. We ask the members of the Lower House to accompany this project, give support to the text without modifications in order to reach the final sanction and consolidate this historic advance in the right to health and adequate food.

The project with half a penalty

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Clear labeling now: not a step back

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.

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Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Tags yes

In Argentina there is no food labeling system established by law that informs consumers clearly, truthfully and simply what it is that we are consuming. Front warning labeling with black octagons provides straightforward information that allows consumers to quickly and easily identify products that contain excess amounts of critical nutrients.

“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”.

There are different types of front labeling. Scientific evidence, free of conflicts of interest, has clearly shown that warning labeling on the front of the container is the best regulatory option to facilitate decisions that protect health. Recently, the United Nations Special Rapporteur on the right to health, Dainius Püras, issued a statement in which he urged States not to remain passive in the face of Chronic Noncommunicable Diseases -ECNT- and to address in a proactive and comprehensive manner preventable risk factors related to CNCDs and specified in a specific public health regulatory measure, such as frontal warning labeling, characterized as an effective intervention to protect public health.

Why is it necessary that the implementation of labeling occurs through a binding law and not through self-regulation? Self-regulation and voluntary commitments, in general, have not obtained satisfactory results. Evidence has clearly shown that industry self-regulation does not work, generally self-regulatory codes include weak and therefore ineffective restriction guidelines. Furthermore, their participation is voluntary and there are no monitoring, sanctions or supervision mechanisms. In this framework, the promotion of self-regulation also functions as an obstacle for the promotion of public policies and should be avoided by governments.

For their part, conflicts of interest refer to situations in which there is a confrontation between the public interest and a private interest that could unduly influence the adoption of a policy. In this case, it is the existence of interests unrelated to public health that prevent decisions from being made or actions aimed at protecting health from being carried out. With this criterion, organizations linked to the food industry should be excluded from decision-making spaces both locally and globally. Likewise, in order to protect decision-making spaces in matters of public health, transparency must be ensured. It is essential to have information about the people and institutions involved.

The State has the duty and obligation to guarantee, protect and respect the right to health and adequate food. 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.

More information

Front labeling of warnings: a necessary policy to protect the right to health – Fundeps

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The impact of the pandemic on school food programs

The transformation of school canteens during the COVID-19 pandemic: speed in the provision and deficiencies in the nutritional quality of the food modules (Only spanish).

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Normative analysis: How is the new tobacco regulation in Córdoba?

Today, May 31, the World No Tobacco Day is celebrated. On the occasion of this date, we carry out an analysis of the latest law passed in Córdoba on the matter.

“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 October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health from two thematic nodes. On the one hand, it incorporates a complete prohibition of advertising, promotion, sponsorship and exhibition of tobacco, its derivatives and smoking accessories in dispensers and any other type of shelf located in the premises where such products are sold. On the other hand, it introduces electronic cigarettes and heated tobacco products, and establishes its prohibition of distribution and commercialization to minors under 18 years of age and the prohibition of consumption in closed places with access to the public. The new provincial legislation extends the threshold of protection of the right to health, in line with the recommendations of the World Health Organization and, mainly, with the standards established in the Framework Convention on Tobacco Control.

Until the enactment of the tobacco law No. 10,661, in the province of Córdoba, the prohibitions on advertising established by the national law 26,687 governed by the adherence of the provincial law No. 10,026. National law prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; leaving the advertisements at points of sale, the publications of companies in the sector and direct communications, with the consent and verification of the age of majority of the recipients.

However, through the new local regulations, progress is made in a higher standard of protection of the right to health than that established in the national standard, completely prohibiting advertising, promotion and sponsorship and including the display of the product as part of that prohibition.

In sum, in this report an analysis of Provincial Law 10,661 is made in relation to the two thematic nodes introduced, based on the delimitation of the scope of the new prohibitions in relation to the provisions of national legislation and international instruments in the matter (especially, the Framework Convention for Tobacco Control). At the same time, some of the possible challenges in the application of local law are recognized and possible advances aimed at deepening the protection of the right to health are seen.

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Author

  • Gonzalo Hunicken
  • Delfina María Scagliotti

Contact

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Analysis of regulations on tobacco advertising, promotion and sponsorship prohibition in Córdoba

In October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health. We share an analysis of this last sanctioned law.

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The right to health in times of pandemic

On December 31, 2019, the first cases of COVID-19 were reported in the city of Wuhan, China. On March 11, 2020, the WHO Director-General characterized it as a pandemic, also highlighting the alarming levels of spread and severity of the virus. This exceptional situation puts the right to health and its interrelation with other rights in tension, at the same time that it challenges States and their health systems, especially for the protection of groups in vulnerable situations.

“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 Universal Declaration of Human Rights establishes that everyone has the right to an adequate standard of living that ensures him and her family health and well-being, especially food, clothing, housing, health care and the necessary social services (Art 25). Health, as a fundamental human right, is affected by social, economic, and environmental factors, among others; at the same time that it is interrelated to the exercise of other rights with which it is closely linked and on which it depends.

The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. They must respect human rights and especially protect marginalized and poor populations, who may be disproportionately affected. However, inequality in access to health services becomes more evident in this urgent context, which should challenge the entire society, and particularly those in decision-making positions, about the importance of having systems health benefits and the benefits of actively working to provide infrastructure for disease prevention.

Likewise, we all have the responsibility to comply with sanitary measures to protect ourselves and thus prevent the spread of the virus, the saturation of hospitals and health care centers. By reducing the risk of contagion to other people, who may or may not be within the risk groups, we are allowing current health systems to respond and provide adequate and immediate care to those who need it.

In this context, we share with you an analysis of the right to health in times of pandemic and the needs to protect the most vulnerable groups.

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Author

  • Ana Carla Barrera Vitali
  • Gaetano Vaggione

Contact

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Analysis: The right to health in times of pandemic

On December 31, 2019, the first cases of COVID-19 were reported in the city of Wuhan, China. On March 11, 2020, the WHO Director-General characterized it as a pandemic, also highlighting the alarming levels of spread and severity of the virus. This exceptional situation puts the right to health and its interrelation with other rights in tension, at the same time that it challenges States and their health systems, especially for the protection of groups in vulnerable situations (only spanish version)

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A quarantine with rights

The world is going through extraordinary circumstances. The need to adopt urgent measures such as social isolation have changed our daily lives and put public health and security in tension. However, the policies implemented cannot forget the rights of citizens.

“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 situation of public knowledge of the progress of COVID-19 has necessitated the adoption of urgent measures whose objective is the protection of public health. The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. The World Health Organization recommends these measures and its representatives have recognized the Argentine government for its decisions that can limit the spread of this disease early on. As in other public health issues in which we have worked for years, Fundeps emphatically supports public policies based on scientific evidence and in line with the recommendations of specialized bodies in the field.

In this context of health emergency, it is essential to become aware of the importance of respecting quarantine in order to protect public health and guarantee the functioning of the Argentine health system. Failure to comply with the isolation measures, and the consequent risk for the population that this causes, allows the State to take sanctioning measures against those who violate it. However, it is also important to point out that, in the face of the initiation of a sanctioning process against a person who violates isolation, it is necessary that the acting security forces strictly comply with the legal procedure established for such a case, and respect all rights and the constitutional guarantees that, even in this state of emergency, remain in full force.

Those exceptions in which a person is allowed to circulate, undoubtedly should not be used by citizens as a pretext to violate preventive and compulsory social isolation. However, in the event of a permitted movement (For example: food supply), whoever is questioned by the security forces, must have the possibility of providing information to said personnel in order to make known the reasons for their movement. , that is to say, to exercise your release. A coercive measure by the police, should only find support in the existence of “enough reasons” (objective circumstances noted by the police officer at the time of the control) that allow us to assume that the person is actually violating the quarantine and that is not enabled to circulate (eg health professionals), but allowing before, worth the redundancy, to discharge it.

On the contrary, an arrest that does not take into account the reasons given by the person who circulates or even offers the possibility of giving them, will not only violate those constitutional guarantees that restrict the adoption of this type of measures (existence of enough reasons to proceed with the arrest and right of defense), but it will also make the exceptions contemplated by the DNU illusory Thus, any person who circulates on public roads should be detained and only after going through the entire procedure, could provide the reasons for their circulation to the competent judicial official. If so, this could cause an overflow in the places destined to house detainees, with the consequent overload of the minimum judicial system that is currently dealing with such cases.

Beyond the aforementioned, in cases in which security forces personnel detect a violation of quarantine and detain the person in question, the procedure must respect the dignity of the person without incurring degrading treatment, and using the force only when necessary. Furthermore, the procedural rules in force in each jurisdiction must be complied with, that is, immediately notify the competent judicial body, seeking the effective right of legal assistance and defense.

Finally, the application of inspection tasks should not be oriented and systematically directed to the “control” of those sectors in vulnerable situations. The guarantee of non-discrimination should not be ignored when supervising quarantine compliance, directing controls only to a certain population sector, but its scope should be general.

The existence of a state of sanitary emergency requires the responsibility of all citizens in complying with the quarantine measure. Failure to comply with such a measure undoubtedly demands a sanction to guarantee the health of the entire Argentine population, but must not lead to excesses, arbitrariness and abuse of authority by the security forces, seeking a quarantine with full validity of our rights.

From society, we must avoid acting by underestimating the number of cases existing today, which may seem few or with numbers that are not alarming enough: the behavior of the pandemic has already shown exponential growth in other countries. This is why it is necessary to think about the possible contagions of tomorrow, and especially the impacts on the health of those people belonging to the risk group and / or in a vulnerable situation.

Since the appearance of COVID-19, the need to review from the State and from all of society, the way of linking ourselves, both individually and daily and globally, has become evident. It is necessary that we collectively manage to take advantage of these circumstances to build ties, ways of relating that include citizenship, mutual respect and towards our environment, as starting points. Public health will be better protected with an active citizenry, responsible for the fulfillment of its obligations and capable of exercising its rights.

For more information, it is recommended to go to the official information channels by clicking here

Firm: Fundeps´s team