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Last month, the UK government announced guidance for the food industry on compliance with its new policies on dealing with foods High in Fat, Sugar, or Salt (HFSS): Restricting promotions of products high in fat, sugar or salt by location and by volume price: implementation guidance.  

The food industry is not happy about these policies.

Kellogg has launched a legal challenge.

Kellogg has launched a legal challenge against the Government’s upcoming restrictions on retail promotions for food and drink high in fat, salt and sugar (HFSS), claiming the rules unfairly represented breakfast cereals.

On what basis?

The manufacturer argued that the formula used tomeasure the nutritional value of food was wrong when it came to breakfast cereals, as the Nutrient Profiling Model (NPM) only accounted for portions of dry cereals and not for a bowl of cereal and milk…Breakfast cereals are dehydrated foods, that are intended to absorb milk to make the food more palatable and give the food its intended flavour and texture.  Hardly anyone sits down to a bowl of dry breakfast cereals in the morning – cereals are almost always eaten with milk.

What’s really at stake?

From October this year, new legislation will restrict retail promotion of HFSS products. The changes could lead to a reported loss of 1.1bn per year.

The food industry is also arguing that the new regulations will cause a consumer backlash.

These restrictions might escape public scrutiny, but consumers will get a horrible shock when they wake up one day and find their favourite brands have been ruined by regulation and cost more.  Unless manufacturers fight back, be it in the courts or out in the public square, it’ll be too late to do anything about it.

And that the HFSS regulations won’t do any good.

The soft drink industry, however, sees the regulations as no problem: “The soft drinks category will be affected by new HFSS legislation coming into force in England. But having already done plenty of work in reformulating and innovating for the UK sugar tax, the sector is well placed to turn a challenge into an opportunity.”

What’s all this about?  Here’s a quick review of the HFSS history:

2018: In Chapter 2 of the Childhood Obesity Plan,  the UK government set out its intention to end the promotion of high fat, sugar and salt (HFSS) products by location and by price.  It committed to consult on how this should be implemented.  This was based on evidence that food retail price promotions are widespread and effective at influencing food preferences and purchases (particularly for children), and on previous reports recommending reducing and rebalancing promotions towards healthier food and drink to help prevent obesity in children.

2019: The consultation on restricting the promotion of HFSS products was held.

2020:  The government theld a consultation on technical enforcement of the restrictions.  It announced in Tackling obesity: empowering adults and children to live healthier lives, that it would legislate to end promotion of HFSS products by volume (for example, “buy one get one free”) and location both online and in store in England.  It published a formal consultation response.

2021: The government introduced legislation to restrict the promotion of HFSS products by volume price both online and in store in England., based on the nutrient profiling technical guidance 2011.) These regulations will come into force on 1 October 2022.

2022: The new restrictions on HFAA promotion. 

Yesterday’s post was about the UK’s efforts to restrict the marketing of junk foods to children.  This is part of a larger effort to establish a rational framework for improving the entire food system.

In 2020, the government published Part One of the Food Strategy Report it had commissioned from Henry Dimbleby.  The report comes with a 3-minute film explaining what it is about.

The Part One report announced a forthcoming Part Two to evaluate the current system and set recommendations, and explained its philosophical basis:

Should nanny tell us what to eat?

The already complex job of working out how to help different people in different circumstances is complicated by one of the fundamental questions of political philosophy: what role should the state play in the private lives of its citizens? Libertarians and public health campaigners have fought a running battle for years over this question. But when it comes to diet, even fierce opponents of the “nanny state” now recognize that the problem is serious enough to warrant greater state intervention….The vast majority of those we spoke to (and almost every parent) said they were fed up with being bombarded by junk food marketing and thought the state should intervene.

Henry Dimbleby’s Part Two report is now out (he described it to me in an e-mail as a “bit of a labour of love”).  Here it is: The UK’s National Food Strategy

His report is based on evidence summarized in a slide deck of 175 items.

The report’s 14 recommendations are summarized, with rationale and references, in a separate document.  Most of the recommendations deal with school feeding and and feeding programs for the poor.  Some are likely to get focused attention:

• Recommendation 1. Introduce a sugar and salt reformulation tax. Use some of the revenue to help get fresh fruit and vegetables to low income families.
• Recommendation 11. Invest £1 billion in innovation to create a better food system.
• Recommendation 13. Strengthen government procurement rules to ensure that taxpayer money is spent on healthy and sustainable food.

The first recommendation comes with its own, separate report on the impact of a tax on added sugar and salt.

The responses:

From The Guardian

The government-commissioned National Food Strategy, drawn up by the restaurateur Henry Dimbleby, says the UK population’s “malfunctioning” appetites and poor diets – fuelled by consumer and manufacturer’s reliance on processed food – place an unsustainable burden on the NHS and contribute to 64,000 deaths each year.

Its most eye-catching recommendation is a levy of £3 a kilo on sugar and £6 a kilo on salt sold wholesale for use in processed food, restaurants and catering, which it says would be a world first. This would raise up to £3.4bn a year, some of which should fund an expansion of free schools meals to an extra 1.1 million children and an overhaul of itain’s food and cooking culture… Dimbleby believes the tax would incentivise manufacturers to reduce salt and sugar levels by reformulating products.

From FoodNavigator.com: From taxing salt and sugar to reducing animal proteins: The controversial proposals in the UK’s National Food Strategy paper.  In 2019 the UK government commissioned a review of the country’s food system. Today, the results are in – and the far-reaching paper includes some controversial recommendations…. Read more  [note: This has a good summary of the 14 recommendations].

From FoodManufacture.com

• National Food Strategy Part 2: sugar and salt tax plans: The National Food Strategy Part 2 has been published, revealing proposals for a sugar and salt tax on all processed products, except ingredients for home cooking, and on foods sold through foodservice channels…. Read more
• National Food Strategy Part 2: reactions: The National Food Strategy Part 2 has provoked mixed reactions, with big grocery retailers backing calls for mandatory reporting of key information, while others have criticised sugar and salt tax proposals…. Read more

And for a broad look at what’s happening in UK food policy, see: Testing Times for UK Food Policy: Nine principles and Tests, by Tim Lang, Erik Millstone, Terry Marsden.  This deals with holding governments accountable.

The Discussion Paper examines the state of post-EU UK food security and policy. It applies a multi-criteria approach, seeing food not as a matter that can be reduced to one overarching goal – cheapness, say, or supermarket availability – but as an issue on which public policy has to weigh up and include several equally worthy and evidence-based concerns. The report offers an approach to ensuring UK food security in the years ahead. It offers nine public-interest Principles which should guide future food policy. These propose that it is possible to capture a consensus on the need for change and what it entails. Each Principle leads to a Test that the UK public and policy-makers could apply to any policy proposals for the food system that emanate from Government in coming months.

Tim Lang’s book, Feeding Britain, is essential reading to understand what’s happening—and not happening—in the UK.

The UK government is thinking and acting on food policy issues.  If only ours did too.

The UK government is actively trying to promote healthier diets.

On June 24, the British government announced:  Introducing further advertising restrictions on TV and online for products high in fat, salt and sugar [HFSS]: government response

Rationale: “Current advertising restrictions for HFSS products during children’s TV and other programming of particular appeal to children are insufficient to protect children from seeing a significant amount of unhealthy food adverts on TV, and do not account for the increasing amount of time children spend online. Analysis from September 2019 demonstrated that almost half (47.6%) of all food adverts shown over the month on ITV1, Channel 4, Channel 5 and Sky1 were for HFSS products and this rises to nearly 60% during the 6pm to 9pm slot.”

Research basis: The Advertising Standards Authority’s  position paper on Advertising to Children.

The final policy

• By the end of 2022, establish a 9:00 pm TV watershed for HFSS products [meaning this applies until 9:00 p.m.] as well as restrict paid-for HFSS advertising online.
• The HPSS ad watershed applies to all on-demand programme services (ODPS) under the jurisdiction of the UK.
• The restriction of paid-for HGSS ads onlinealso  applies to non-UK regulated ODPS.
• The policy will be evaluated 5 years post implementation, in 2027.

Critique

From the food industry: Will the UK’s junk food marketing clampdown combat childhood obesity?  The UK Government announced plans to limit the advertising of unhealthy foods last week. The food and advertising industries expressed ‘disappointment’ at ‘draconian’ measures, while health campaigners welcomed the news but voiced concern over possible future loopholes. With so many complex and interlinked issues driving childhood obesity rates, the most important question remains: Will it work?… Read more 

From The Guardian: “UK government’s plans for pre-9 pm ban on junk food TV adverts criticised,”