How to get consumers to eat healthier?

As obesity is becoming a bigger health issue in Europe with every year, policymakers are paying more attention to consumers' shopping and eating habits. The ideal of an informed consumer making best possible (which should also mean the healthiest possible) choices is still alive. The discrepancy between this ideal and the reality could result from consumers' not being properly informed, e.g. from the nutritional information not reaching them or being too difficult for them to understand. To solve the first issue (hidden information), nutritional labels could be placed front-of-pack on food products. This is not a novel idea, as previously commissioned by European legislators' studies have already suggested an increased effectiveness of nutritional labelling if the position of the label is at the front of the packaging. The European legislator was not, however, ready to oblige traders to adjust their labelling policies to this extent. The second issue (too difficult labels) could be tackled by simplifying labelling - adopting colour-coding (traffic lights scheme) or other visual shortcuts to better inform consumers. 

The French government has just backed such a nutritional labelling system (Nutri-Score - read more here). The decree doesn't prescribe but rather leaves an option to the traders to adopt the recommended labelling system, which requires nutritional label to be placed on the front of the package and uses colours (green to orange) and letter symbols (A-E - like with washing machines) to inform consumers on 'better' food choices. This is not the first time such an experiment was undertaken by national policymakers, see e.g. the Dutch experience with Vinkje logo (see for an example of this logo on the picture on the left) (to read further on the Vinkje logo see here in Dutch). The Dutch abandoned this labelling system as it was seen to mislead consumers - the 'better' food choices could have been perceived for 'good' choices. It will be interesting to observe the impact that the French labelling change will have on marketing practices and consumer behaviour, as the French policymakers hope to encourage the European ones to further act on this issue.

The other option to help consumers take healthy food decisions is for the policymakers to regulate the food market. This week it was also reported that the Scottish government is considering restrictions on promotion of unhealthy food and drink (see here). For example, such promotions would be prohibited on routes leading to schools or around visitor attractions, where they could easily attract children attention or on TV before 9pm.

General nutrition and health principles for reduction of sugar consumption - CJEU in Dextro Energy (C-296/16 P)

In anticipation of more directly consumer law-related judgments of the CJEU (tomorrow the judgment will be given in the first case pertaining to the ADR Directive), it might be interesting to bring our readers' attention to the judgment of 8th of June in the Dextro Energy case (C-296/16 P). The CJEU dismissed the appeal against the General Court's judgment, upholding its decision. The case pertained to nutrition and health claims.

Dextro Enegry is a producer of various products made mostly of glucose, which are sold on the German and European markets. In 2011 it requested authorisation of various health claims, such as "glucose contributes to normal energy-yielding metabolism" or "glucose contributes to normal muscle function". Pursuant to Regulation No 1924/2006 health claims need to be authorised and included on the list of authorised health claims before they can be used by producers. In 2015 the Commission refused, however, to authorise these health claims as they were seen to convey "a contradictory and ambiguous message to consumers, as they encouraged the consumption of sugar, whereas national and international authorities recommended a reduction in sugar intake, on the basis of generally accepted scientific advice." (The Court confirms that a number of health claims relating to glucose cannot be authorised) The Commission's opinion was not changed in case the health claims would be used only under specific conditions or accompanied by additional warnings. Dextro Energy relied on the positive opinion of the European Food Safety Authority (EFSA) stating that there is a causal link between the consumption of glucose and normal energy-yielding metabolism. Despite the Commission not questioning the EFSA's opinion, the General Court refused to authorise these health claims, considering that other relevant and legitimate factors might have led the Commission to its decision.

The interesting finding of this case is the General Court's recognition of generally accepted nutrition and health principles, pursuant to which average consumers must reduce their sugar consumption (par. 58). Such principles stand in this case in the way of authorising the use of nutrition and health claims that even if accurate may endanger consumer health.