Consumers and nutrition labelling L. Insall, Food and Drink Federation, London 6.1 Introduction: the problem of providing nutrition information Developments in nutrition research and improved scientific understanding of the relationship between diet and health have led to increasing interest in the nutri- tional aspects of the food supply. This interest is shared by academics, health professionals, government officials, consumers and the food and supplement industries alike, although not always for the same reasons and generally at dif- ferent levels of knowledge and understanding. Interest in nutrition, in respect of both total diet and individual foods, is second only to concern about food safety and is sometimes confused with the safety aspects of the food supply. Pick up any newspaper or general magazine in the UK and you will almost certainly find several column inches devoted to some aspect of food, either as the latest'scare or controversial issue or as a feature about the most recent fashionable food trend or restaurant or celebrity chef. However, despite extensive media coverage and take-up of food issues and master classes in cookery, knowledge and under standing about food -how to prepare and cook it, and what constitutes a healthy, balanced diet- remain poor, particularly in the younger generations and lower socio-economic groups. The nutritional content of the diet is blamed for a wide range of health problems such as obesity, cardiovascular disease and certain cancers, i.e. long-term chronic diseases as opposed to the type of short-term acute illnesses that are usually associated with food safety problems Improving the overall diet in the Uk with a view to reducing the incidence and severity of certain diet-related chronic diseases has been a major plank in UK government health strategy for several years and now involves several key departments: Education and Employment (DfEE), Health(DH), and the Food
6 Consumers and nutrition labelling L. Insall, Food and Drink Federation, London 6.1 Introduction: the problem of providing nutrition information Developments in nutrition research and improved scientific understanding of the relationship between diet and health have led to increasing interest in the nutritional aspects of the food supply. This interest is shared by academics, health professionals, government officials, consumers and the food and supplement industries alike, although not always for the same reasons and generally at different levels of knowledge and understanding. Interest in nutrition, in respect of both total diet and individual foods, is second only to concern about food safety and is sometimes confused with the safety aspects of the food supply. Pick up any newspaper or general magazine in the UK and you will almost certainly find several column inches devoted to some aspect of food, either as the latest ‘scare’ or controversial issue, or as a feature about the most recent fashionable food trend or restaurant or celebrity chef. However, despite extensive media coverage and take-up of food issues and master classes in cookery, knowledge and understanding about food – how to prepare and cook it, and what constitutes a healthy, balanced diet – remain poor, particularly in the younger generations and lower socio-economic groups. The nutritional content of the diet is blamed for a wide range of health problems such as obesity, cardiovascular disease and certain cancers, i.e. long-term chronic diseases as opposed to the type of short-term acute illnesses that are usually associated with food safety problems. Improving the overall diet in the UK with a view to reducing the incidence and severity of certain diet-related chronic diseases has been a major plank in UK government health strategy for several years and now involves several key departments: Education and Employment (DfEE), Health (DH), and the Food
Consumers and nutrition labelling 143 Standards Agency(FSA); the last-named has taken over responsibility for this area from the(now defunct) Ministry of Agriculture, Fisheries and Food (MAFF) since april 2000 Nutrition information is, therefore, an aspect of a very broad debate, often highly politicised, about the nutritional quality of the modern food supply, and specifically about the contribution to the modern diet, and therefore to the health of the population, made by pre-packed foods which, together with fast food restaurants and take-aways, make a substantial contribution to the total dietary intake of a significant proportion of the UK population. In terms of issues, the provision of nutrition information ranks very high in the diet and health debate. The UK has possibly been more absorbed by this subject than have most other European Member States, a reflection, perhaps, of the cultural attitude towards food as fuel and the growing obsession with fitness and body form in population inclining towards obesity. Where food has traditionally been enjoyed as one of life's great pleasures, notably France, the most important factor is what the product tastes like, not the vital statisticsof its content. These cultural dif- ferences across Europe have had a significant bearing on the regulatory controls governing food labelling, including nutrition information, and are in part respon- sible for what is generally regarded as a somewhat user unfriendly approach to nutrition labelling. This will be discussed in greater detail later in the chapter, but firstly the current application of nutrition labelling will be considered The provision of nutrition information, as with the provision of any other form of information, is an enabling mechanism intended to assist the purchaser to make a reasoned choice about the product he or she is considering buying. The degree of interest in this particular segment of the mass of information printed on a food label is a matter which will be discussed in greater detail in section 6.4, but two essential points should be borne in mind: The provision of nutrition information on a label is voluntary, unless a claim is made Approximately 80%o of pre-packed foods manufactured in the UK carry nutri tion labelling; this is far higher than in most other EU Member States The strict and detailed regulatory requirements which govern the presentation of nutrition information are set out below, and it will be clear from a brief glance that the legislation was not drafted with consumer understanding in mind. This is not necessarily a criticism of the lawyers-laws are, after all, drafted and inter preted by lawyers, not by the general public. So whilst the formulaic nature of the required presentation may appear unnecessarily prescriptive, there is good reason for this. The intention of the current legislation was to encourage the pro- vision of nutrition information in a prescribed format which would allow con- sumers to compare the nutritional content of various products. The effectiveness of this policy is another issue which will be discussed in greater detail in a later section, but it is not arbitrary and reflects the complexity of negotiating legisla tion on a contentious issue to cover a large trading block made up of a dozen European Member States, risen to 15 at the time of writing. These states have
Standards Agency (FSA); the last-named has taken over responsibility for this area from the (now defunct) Ministry of Agriculture, Fisheries and Food (MAFF) since April 2000. Nutrition information is, therefore, an aspect of a very broad debate, often highly politicised, about the nutritional quality of the modern food supply, and specifically about the contribution to the modern diet, and therefore to the health of the population, made by pre-packed ‘convenience’ foods which, together with ‘fast food’ restaurants and take-aways, make a substantial contribution to the total dietary intake of a significant proportion of the UK population. In terms of issues, the provision of nutrition information ranks very high in the diet and health debate. The UK has possibly been more absorbed by this subject than have most other European Member States, a reflection, perhaps, of the cultural attitude towards food as fuel and the growing obsession with fitness and body form in a population inclining towards obesity. Where food has traditionally been enjoyed as one of life’s great pleasures, notably France, the most important factor is what the product tastes like, not the ‘vital statistics’ of its content. These cultural differences across Europe have had a significant bearing on the regulatory controls governing food labelling, including nutrition information, and are in part responsible for what is generally regarded as a somewhat ‘user unfriendly’ approach to nutrition labelling. This will be discussed in greater detail later in the chapter, but firstly the current application of nutrition labelling will be considered. The provision of nutrition information, as with the provision of any other form of information, is an enabling mechanism intended to assist the purchaser to make a reasoned choice about the product he or she is considering buying. The degree of interest in this particular segment of the mass of information printed on a food label is a matter which will be discussed in greater detail in section 6.4, but two essential points should be borne in mind: • The provision of nutrition information on a label is voluntary, unless a claim is made. • Approximately 80% of pre-packed foods manufactured in the UK carry nutrition labelling; this is far higher than in most other EU Member States. The strict and detailed regulatory requirements which govern the presentation of nutrition information are set out below, and it will be clear from a brief glance that the legislation was not drafted with consumer understanding in mind. This is not necessarily a criticism of the lawyers – laws are, after all, drafted and interpreted by lawyers, not by the general public. So whilst the formulaic nature of the required presentation may appear unnecessarily prescriptive, there is good reason for this. The intention of the current legislation was to encourage the provision of nutrition information in a prescribed format which would allow consumers to compare the nutritional content of various products. The effectiveness of this policy is another issue which will be discussed in greater detail in a later section, but it is not arbitrary and reflects the complexity of negotiating legislation on a contentious issue to cover a large trading block made up of a dozen European Member States, risen to 15 at the time of writing. These states have Consumers and nutrition labelling 143
144 The nutrition handbook for food processors diverse geographic and cultural backgrounds, and there are therefore differences in local food supply and eating patterns. If criticism is due, it should perhaps be aimed at those authorities whose job it is to explain the existence and meaning of legislation in lay terms, but this too can be a complex communication issue and many attempts have been made to bridge the gap between legislator and con- sumer, and in the case of nutrition information are still on-going. This aspect wi be developed later 6.2 Current EU nutrition information Legislation on nutrition labelling was developed as a means of providing consumers with information about the nutrient content of the foods they were choosing in a standardised format recognisable across the European Community, thereby also promoting the freedom of movement of goods in the Single market. the principal EU legislative instrument in this area , trition Labelling Directive. An essential part of the philosophy behind the Nu the growing recognition of the link between diet and health and the need to encourage consumers to make an informed choice about the foods they consume. It was considered that knowl- edge of the basic principles of nutrition and the provision of nutrition labelling would contribute significantly in this and act as a tool in the nutrition education of the public. To this end, it was deemed that the information provided should be simple and easily understood, with a standardised format that would allow comparison of one product with another. This means that the dual principles underlying EU legislation on nutrition labelling are consumer information and education and the removal of technical barriers to trade As usual in the development of harmonised legislation, one of the drivin forces was the divergence in national legislation that risked causing reciprocal barriers to trade after completion of the Single Market on 31 December 1992. In the UK there was no specific legislation on nutrition information, but the Food Advisory Committee(FAC)had issued guidelines on nutrition labelling, which had been widely adopted by the industry. The FAC was abolished in December 2001 because its functions have now been taken over by the board of the Food Standards Agency, but its advice at the time in question carried considerable weight. The Ministry of Agriculture, Fisheries and Food(MAFF) indicated its intention to introduce national legislation on the compulsory indication of fat content. This spurred the European Commission into pushing its own proposals forward, on the basis that the UKs freedom to legislate in this area was con- strained by its Community obligations under the Food Labelling Directive, 79/112/EEC(updated and consolidated in 2000 as Directive 2000/13/EC Work on European harmonisation began in 1988, when the Commission put forward two linked proposals, one on compulsory nutrition labelling and the other Official Joumal of the european nies,No.L276/40-44,6.10.90
diverse geographic and cultural backgrounds, and there are therefore differences in local food supply and eating patterns. If criticism is due, it should perhaps be aimed at those authorities whose job it is to explain the existence and meaning of legislation in lay terms, but this too can be a complex communication issue and many attempts have been made to bridge the gap between legislator and consumer, and in the case of nutrition information are still on-going. This aspect will be developed later. 6.2 Current EU nutrition information Legislation on nutrition labelling was developed as a means of providing consumers with information about the nutrient content of the foods they were choosing in a standardised format recognisable across the European Community, thereby also promoting the freedom of movement of goods in the Single Market. An essential part of the philosophy behind the Nutrition Labelling Directive, the principal EU legislative instrument in this area,1 was the growing recognition of the link between diet and health and the need to encourage consumers to make an informed choice about the foods they consume. It was considered that knowledge of the basic principles of nutrition and the provision of nutrition labelling would contribute significantly in this and act as a tool in the nutrition education of the public. To this end, it was deemed that the information provided should be simple and easily understood, with a standardised format that would allow comparison of one product with another. This means that the dual principles underlying EU legislation on nutrition labelling are consumer information and education and the removal of technical barriers to trade. As usual in the development of harmonised legislation, one of the driving forces was the divergence in national legislation that risked causing reciprocal barriers to trade after completion of the Single Market on 31 December 1992. In the UK there was no specific legislation on nutrition information, but the Food Advisory Committee (FAC) had issued guidelines on nutrition labelling, which had been widely adopted by the industry. The FAC was abolished in December 2001 because its functions have now been taken over by the Board of the Food Standards Agency, but its advice at the time in question carried considerable weight. The Ministry of Agriculture, Fisheries and Food (MAFF) indicated its intention to introduce national legislation on the compulsory indication of fat content. This spurred the European Commission into pushing its own proposals forward, on the basis that the UK’s freedom to legislate in this area was constrained by its Community obligations under the Food Labelling Directive, 79/112/EEC (updated and consolidated in 2000 as Directive 2000/13/EC). Work on European harmonisation began in 1988, when the Commission put forward two linked proposals, one on compulsory nutrition labelling and the other 144 The nutrition handbook for food processors 1 Official Journal of the European Communities, No. L 276/40-44, 6.10.90
Consumers and nutrition labelling 145 etting out what that labelling should be. The Directive eventually adopted in 1990, Directive 90/496/EEC on nutrition labelling for foodstuffs, did not require compulsory labelling, except where a claim is made, and focused more on the nature and format of the labelling, about which it goes into great detail Interestingly, for a piece of legislation for which one of the primary aims is the provision of information regarded as being of benefit to the consumer, it is a highly technical Directive, unlikely to be understood by anyone without some knowledge of food science or food legislation, and ideally both. To understand and use it requires detailed analysis. The following are its main provisions 6.2.1 Provisions of the current legislation: format The provision of nutrition labelling is voluntary, unless a nutrition claim is made e.g. reduced fat, high fibre, 'low sodium. If nutrition information is given, it must be in one of two formats: either. Group I information: energy, protein, carbohydrate and fat(in that order) Group 2 information: energy, protein, carbohydrate, sugars, fat, satu ates,fibre and sodium(in that order These formats are commonly referred to as The Big 4 and The Big 4 plus Little 4. Quantities must be given per 100g or 100 ml of the food or drink,or per 100g/100ml and per serving. The Directive requires that the information be given in one place, in tabular format, with the numbers aligned if space permits Declarations may also be made in respect of vitamins and minerals, provided ey are listed in the Annex of the Directive and are present insignificant amounts currently defined as 15% of the Recommended Daily Amount(RDA), supplied per 100g or 100 ml of the food, or per package if the package contains only a single portion. The vitamins and minerals currently listed and their RDAs are Vitamin A(ug) 800 Vitamin B1(ug) Vitamin D(ug) 5 Biotin(mg) Vitamin e(mg) 10 Pantothenic acid(mg) 6 Vitamin C(mg) 60 Calcium(g) Thiamin(mg) 1. 4 Phosphorus(mg) Riboflavin(mg) 1.6 Iron(mg) Niacin(mg) 18 M SIum Vitamin B(mg) Zinc (mg) Folacin(ug) 200 lodine (ug) 150 a declaration may also be given in respect of one or more of the following · starch mono-unsaturates polyunsaturates
setting out what that labelling should be. The Directive eventually adopted in 1990, Directive 90/496/EEC on nutrition labelling for foodstuffs, did not require compulsory labelling, except where a claim is made, and focused more on the nature and format of the labelling, about which it goes into great detail. Interestingly, for a piece of legislation for which one of the primary aims is the provision of information regarded as being of benefit to the consumer, it is a highly technical Directive, unlikely to be understood by anyone without some knowledge of food science or food legislation, and ideally both. To understand and use it requires detailed analysis. The following are its main provisions. 6.2.1 Provisions of the current legislation: format The provision of nutrition labelling is voluntary, unless a nutrition claim is made, e.g. ‘reduced fat’, ‘high fibre’, ‘low sodium’. If nutrition information is given, it must be in one of two formats: either • Group 1 information: energy, protein, carbohydrate and fat (in that order). or • Group 2 information: energy, protein, carbohydrate, sugars, fat, saturates, fibre and sodium (in that order). These formats are commonly referred to as ‘The Big 4’ and ‘The Big 4 plus Little 4’. Quantities must be given per 100 g or 100 ml of the food or drink, or per 100 g/100 ml and per serving. The Directive requires that the information be given in one place, in tabular format, with the numbers aligned if space permits. Declarations may also be made in respect of vitamins and minerals, provided they are listed in the Annex of the Directive and are present in ‘significant amounts’, currently defined as 15% of the Recommended Daily Amount (RDA), supplied per 100 g or 100 ml of the food, or per package if the package contains only a single portion. The vitamins and minerals currently listed and their RDAs are: Vitamin A (mg) 800 Vitamin B12 (mg) 1 Vitamin D (mg) 5 Biotin (mg) 0.15 Vitamin E (mg) 10 Pantothenic acid (mg) 6 Vitamin C (mg) 60 Calcium (mg) 800 Thiamin (mg) 1.4 Phosphorus (mg) 800 Riboflavin (mg) 1.6 Iron (mg) 14 Niacin (mg) 18 Magnesium (mg) 300 Vitamin B6 (mg) 2 Zinc (mg) 15 Folacin (mg) 200 Iodine (mg) 150 A declaration may also be given in respect of one or more of the following: • starch • polyols • mono-unsaturates • polyunsaturates • cholesterol Consumers and nutrition labelling 145
146 The nutrition handbook for food processors but if a declaration is made in respect of polyunsaturates, mono-unsaturates or cholesterol. the amount of saturates must also be given 6.2.2 Calculation of energy value For the purpose of calculating the energy value for these nutrients, the Directive specifies the values on which they are to be calculated by means of the follow- Ing conversion factors carbohydrate (except polyols) 4kcalls ,% 17k/g 2.4 kcal 10k/g protein kcal/g 37kJ/g alcohol (ethanol) kcal/ 29kJ/g organic acid 3 kcal/g 13 k/g 6.2.3 Definitions The Directive, like most pieces of legislation, must specify to what it refers so that all the nutrients are defined scientifically. So, for example, the Directive states protein means the protein content calculated by using the formula protein= total Kjeldahl nitrogen x 6.25 saturates means fatty acids without a double bond This exemplifies the earlier comment that it is a Directive written for the food scientist rather than for the average consumer. The Directive also defines 'average value. This is necessary because the com- position of foods is subject to natural variation due, for example, to variations in cultivar, weather, growing location, conditions and practices(crops)and breed, seasonality, rearing conditions and practices(animal-derived materials) The Directive therefore states that: average value means the value which best represents the amount of the nutrient which a given food contains, and reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual value to vary 6.2, 4 Declared values These are the average values of the nutrients, as defined above, based or I The manufacturer's analysis of the food. 2 A calculation from the known or actual average values of the ingredients used 3 A calculation from generally established and accepted data
but if a declaration is made in respect of polyunsaturates, mono-unsaturates or cholesterol, the amount of saturates must also be given. 6.2.2 Calculation of energy value For the purpose of calculating the energy value for these nutrients, the Directive specifies the values on which they are to be calculated by means of the following conversion factors: • carbohydrate (except polyols) 4 kcal/g – 17 kJ/g • polyols 2.4 kcal/g – 10 kJ/g • protein 4 kcal/g – 17 kJ/g • fat 9 kcal/g – 37 kJ/g • alcohol (ethanol) 7 kcal/g – 29 kJ/g • organic acid 3 kcal/g – 13 kJ/g 6.2.3 Definitions The Directive, like most pieces of legislation, must specify to what it refers so that all the nutrients are defined scientifically. So, for example, the Directive states that: ‘protein’ means the protein content calculated by using the formula: protein = total Kjeldahl nitrogen ¥ 6.25 and ‘saturates’ means fatty acids without a double bond This exemplifies the earlier comment that it is a Directive written for the food scientist rather than for the average consumer. The Directive also defines ‘average value’. This is necessary because the composition of foods is subject to natural variation due, for example, to variations in cultivar, weather, growing location, conditions and practices (crops) and in breed, seasonality, rearing conditions and practices (animal-derived materials). The Directive therefore states that: ‘average value’ means the value which best represents the amount of the nutrient which a given food contains, and reflects allowances for seasonal variability, patterns of consumption and other factors which may cause the actual value to vary.’ 6.2.4 Declared values These are the average values of the nutrients, as defined above, based on: 1 The manufacturer’s analysis of the food. 2 A calculation from the known or actual average values of the ingredients used. 3 A calculation from generally established and accepted data. 146 The nutrition handbook for food processors