legislative scaffolds for salt- reduction programs a new way of regulating business in the ‘nanny...

Legislative scaffolds for salt-reduction programs

A new way of regulating business in the ‘nanny state’ era

Belinda Reeve, Law Fellow, O’Neill Institute for National and Global Health Law

Bloomberg’s soda rule

The National Salt Reduction Initiative

The links between salt and health

Processed foods: The main source of dietary salt intake

The UK Food Standards Authority

Australian Food and Health Dialogue

• Nine food categories• Twenty targets• Approx. 42 participants

Effective?

Obstacles to public health regulation

• Nanny state rhetoric• Economic productivity arguments• A powerful food industry

Governments remain responsible for public health

A spectrum of regulatory optionsTable 1. Different types of self-regulation

Pure Industry develops initiatives unilaterally

Coerced Self-regulation results from explicit or tacit threat of government action

Sanctioned Industry devises rules that are approved by government

Mandated Government provides legislative framework for self-regulation

Smart regulation

Responsive regulation

Legislative scaffolds

Content Processes Enforcement

ObjectivesTermsConditions

AdministrationMonitoringReview

Incentives for compliance, Penalties for breaches

Improving the Dialogue: Phase 1Content Processes Enforcement

Greater range of targets

Creation of maximum salt caps

Encourage more participants

Monitoring through baseline data on salt intake and food database

Creation of High-Level Steering Committee with equal representation of interests

Targets and caps are voluntary

Warning label for new high-salt products

Improving the Dialogue: Phase 2Content Processes Enforcement

Salt reduction targets apply to specific manufacturers’ portfolios

Creation of an independent regulator with a statutory mandate

Regulator to monitor companies’ performance

Mandatory compliance with average targets

Failure to reformulate requires salt warning label

Regulator can acquire information, ‘name and shame’, seek enforceable undertakings

Improving the Dialogue: Phase 3Content Processes Enforcement

Salt reduction targets apply to specific manufacturers’ portfolios

Independent audit assessing participants’ performance and scheme performance overall

Regulator seeks enforceable undertakings with penalties for non-compliance

Pie in the sky?

Thank you

Belindareeve.combhr7@georgetown.law.edu

@Belindareeve