The Canadian Standing Senate Committee on Social Affairs, Science and
Technology has issued a “groundbreaking” report on obesity that calls
for a tax on sugar- and artificially-sweetened beverages as well as a ban
on advertising food and drink to children. Titled Obesity in Canada: A
Whole-of-Society Approach for a Healthier Canada, the March 2016
report also recommends, among other things, (i) “a National Campaign
to Combat Obesity,” (ii) “a complete revision of Canada’s food guide to
better reflect scientific evidence,” (iii) “a review of nutrition food labelling
to make it easier to understand,” and (iv) “a plan for making healthy food
more affordable.”

“Canada’s dated food guide is no longer effective in providing nutritional
guidance to Canadians. Fruit juice, for instance, is presented as a
healthy item when it is little more than a soft drink without the bubbles,”
notes the report, which summarizes expert testimony given before the
committee between October 2014 and June 2015. “From policy makers to
parents, industry insiders to family doctors, all Canadians have a role to
play to beat back this crisis.”

In particular, the senate committee urges further study of Quebec’s
existing restrictions on food and beverage marketing to children younger
than age 13. Although it highlights voluntary measures such as the
Canadian Children’s Food and Beverage Advertising Initiative (CAI),
the report nevertheless cites testimony describing the CAI as allegedly
ineffective. “With the exception of the food industry, witnesses unanimously
supported strict controls on the advertising of unhealthy food and
beverages to children, although the specifics of such an approach varied
to some degree,” states the committee’s summary.

In addition to examining soda taxation measures that target all carbonated
beverages as opposed to just sugary ones, the report singles out the
overhauled Brazilian dietary guidelines, “which no longer focus on food
groups and nutrients but rather on whole foods, meal preparation and avoidance of ultra-processed items.” To this end, the senate committee
backs the formulation of an evidence- and meal-based nutritional guide
by an advisory body that does not include food, beverage or agricultural
industry representatives. It also asks the Minister of Health to consider
labeling changes designed to address serving size and “require that the
daily intake value for protein be included in the Nutrition Facts table.”

Meanwhile, the Office of the Prime Minister has already issued mandate
letters directing the Minister of Health “to restrict the marketing of
unhealthy food and beverages to children, to regulate trans fat and
salt in processed foods and improve food labelling with respect to
added sugars.” According to a concurrent press release, “An increase
in consumption of prepackaged, highly processed foods, like instant
noodles, prepackaged pizzas, candy, soft drinks, and salty snacks, the
increase in use of personal computers, and lack of sufficient physical
activity are listed as some of the key contributors to Canada’s ‘obesogenic
culture’ – one that promotes poor eating and low levels of activity.”

 

Issue 596

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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