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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…

The World Health Organization’s (WHO’s) Commission on Ending Childhood Obesity (ECHO) has issued a January 25, 2016, report that recommends, among other things, a tax on sugar-sweetened beverages (SSBs), context-specific dietary guidelines, and “interpretive” front-of-pack labeling. Taking “a life-course approach” that focuses on what it describes as an obesogenic environment, the report urges WHO, member governments and non-state actors to implement specific action items designed to (i) promote intake of healthy foods and reduce intake of unhealthy foods and SSBs among children; (ii) promote physical activity and reduce sedentary behaviors; (iii) provide guidance on preconception and antenatal care to reduce the risk of childhood obesity; (iv) support healthy diet, sleep and physical activity during childhood; (v) promote healthy school environments, health and nutrition literacy; and (vi) provide family-based lifestyle weight management services. In particular, ECHO singles out food and beverage marketing as “a major issue demanding change that will protect…

Whole Foods Market Group and a consumer have reached a settlement agreement in a lawsuit alleging the company defrauded customers by calculating and adding sales tax to purchases before deducting any discounts from coupons. Wong v. Whole Foods Mkt. Grp., No. 15-0848 (N.D. Ill., stipulation filed October 12, 2015). The parties filed a joint stipulation of dismissal to the court but did not disclose the agreement's terms. The lawsuit is one of several alleging claims of consumer fraud, common law fraud and unjust enrichment against various retailers.   Issue 582

A Johns Hopkins Bloomberg School of Public Health (JHSPH) report on Mexico’s sugar-sweetened beverage (SSB) tax has concluded that “strong advocacy work, scientific evidence, and knowledge of the political context can be important facilitators to policy change that promotes obesity prevention and control.” The case study highlights the strategies used by civil society organizations, public interest lobbyists, health and government officials, and other SSB-tax proponents to (i) build coalitions, (ii) persuade legislators to support the initiative, (iii) generate media attention, and (iv) leverage the perspectives of national and international experts. In particular, it notes that successful advocacy campaigns must “understand the political context to capitalize on windows of opportunity.” “Overall, it is essential that policy proponents know the political context—the system’s structure and the needs of political actors—to act on opportunities that could promote public health goals within broader government pursuits and reforms,” notes the report. “Regardless of the underlying…

The Government of Barbados has announced a 10-percent excise tax on the purchase of locally produced and imported sugar-sweetened beverages as of August 1, 2015. The Healthy Caribbean Coalition (HCC) lauded the action, citing consumption of sugary drinks as a major contributing factor to escalating rates of obesity and related health conditions such as diabetes, cardiovascular disease and cancer. See Open Letter to HCC Membership, June 16, 2015.   Issue 570

Public health advocates from around the United States will convene in San Diego, California, on June 29-July 2, 2015, for the 8th Biennial Childhood Obesity Conference. The “Marketing to Kids” track of the two-day event will include a mini-plenary session titled “Taxing Sugar-Sweetened Beverages for Public Health: What Have We Learned from the Mexico, Berkeley and San Francisco Initiatives”; “Effective Marketing to Build Public Support to Curb Unhealthy Food Marketing to Children”; and “Would You Eat 91 Cubes of Sugar: A Look at Several Strategies for Decreasing Consumption of Sugary Drinks.” Other sessions will include “Toward Healthier Diets: Where Non-Governmental Organizations and Industry Clash and Cooperate” and “Warning Labels on Sugary Drinks: Promoting Informed Choices.” Supporters of the event include the California Department of Public Health, California Endowment and Robert Wood Johnson Foundation.   Issue 568

A proposed bill (A.B. 1357) that would have imposed a 2-cent per ounce tax on soft drinks, sweet teas, energy and sports drinks has failed to pass the California Assembly Health Committee by a vote of 10-6. “I am disappointed that the committee failed to act today on one of the biggest health crises facing our nation,” said Assemblymember Richard Bloom (D-Santa Monica), author of the legislation. “Diabetes is now the seventh largest cause of death in the nation. If current trends aren’t reversed, one-in-three children born after 2000—and specifically one-in-two African-American or Hispanic children—are expected to develop type 2 diabetes. The overwhelming view of health experts is that the single most significant cause of obesity and diabetes is overconsumption of sugar.” Revenue generated by the tax would have generated an estimated $3 billion for health, education and wellness programs aimed at reducing the incidence of obesity, diabetes, cardiovascular and…

According to a joint motion filed in Florida federal court, Papa John’s International Inc. and a class of consumers have reached an agreement in a lawsuit alleging that the pizza company charged tax on delivery fees in violation of state law. Schojan v. Papa John’s Intl. Inc., No. 14-1218 (M.D. Fla., motion filed February 16, 2015). The motion requested that the district court remand the case to state court because the federal court lacks jurisdiction under the Tax Injunction Act and stipulated that the parties “have reached an agreement in principle to settle this action in its entirety upon its remand to state court.” The March 2014 complaint had alleged that Papa John’s charged more than $5 million in state tax on the more than $74.5 million in delivery fees it had earned in Florida since 2010. The court certified a class of consumers and denied the pizza company’s motion…

A bipartisan group of U.S. representatives has proposed legislation that would reduce excise taxes levied on the first two million barrels of beer sold annually by small brewers. Reps. Erik Paulsen (R-Minn.) and Richard Neal (D-Mass.) were joined by Reps. Peter DeFazio (D-Ore.), Earl Blumenauer (D-Ore.), Patrick McHenry (R-N.C.), and Patrick Meehan (R-Penn.) in proposing the “Small Brewer Reinvestment and Expanding Workforce Act” (Small BREW Act) to impose an excise tax rate of $3.50 per barrel on the first 60,000 barrels and $16 per barrel on the next 1,940,000 barrels. If passed, the law would apply only to brewers that produce six million barrels or fewer each year. “Small brewers—long an important part of American culture and history—have enjoyed a tremendous growth in popularity in recent years,” Meehan said in a January 8, 2015, press release. “But while our brewing industry has evolved, our tax code hasn’t evolved with it.…

In a 10-4 vote, the Navajo Nation Council has approved a tax on “junk” foods sold on the largest reservation in the United States. If President Ben Shelly signs the measure into law, the Healthy Dine Nation Act of 2014 would apply to items like cookies, chips and soft drinks, and the revenue generated would be directed to a fund supporting farmers markets, the planting of vegetable gardens, purchase of exercise equipment, and other health-focused projects. Shelly evidently vetoed similar legislation earlier in 2014, reportedly saying that he supported the goals of the tax initiative but questioned its implementation. Proponents of the tax reportedly cite the high rates of diabetes among American Indians and Alaska Natives—the highest among U.S. racial and ethnic groups—as the main reason to pass the legislation. See Associated Press, November 15, 2014.   Issue 546

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