Independent scientific review of claims by qualified bodies;

Transcription

1 Directr: Fd Cntrl Directr-General f Health Private Bag X828 Pretria 0001 Submissin f cmments n: Regulatins Relating t the Labelling and Advertising f Fds: Amendment N. R 429. Gazette N Published 29th May 2014 We wuld like t thank yu fr the pprtunity t submit cmments and make recmmendatins in respnse t the draft regulatins published in the Gvernment Gazette f 29th May Intrductin The Marketing Assciatin f Suth Africa [MA(SA)], the recgnised prfessinal marketing assciatin which sets ut t represent the best interests f Marketers and their cntributin t business and the Suth African business envirnment. MA(SA) recgnises that tday s prfessinal Marketers must remain infrmed abut emerging trends, lcally and internatinally, if they are t remain at the cutting-edge f the Suth African marketing arena. MA(SA) cmprises a diverse grup f cmpanies and prfessinals wh recgnise that it is necessary t market and manage Marketing itself nt merely by thse wh knw hw, but by thse wh understand why. This is an unbiased, independent entity that uphlds the prfessinal standards, mentrs, advises and supprts Marketing practitiners, whilst als actively prmting and effectively cmmunicating the vital rle it plays in assisting in shaping and grwing the Marketing prfessin in Suth Africa. MA(SA) is cmmitted t driving the highest pssible standards f cnsumer infrmatin in the SA market including nutritin and health claims. The intentin f all claims, whether n pack r via ther marketing channels, shuld be t prvide the cnsumer with relevant, cncise and transparent infrmatin abut prducts. This ensures that clear labelling and scientifically substantiated claims enable cnsumers t make infrmed and healthier chices. MA(SA) welcmes the prvisins within the draft regulatins t make health claims and supprt: Science based regulatins n claims; Independent scientific review f claims by qualified bdies; Evaluatins by lcal independent qualified bdies shuld be recgnised internatinally and vice versa;

2 Glbal cnvergence f regulatins and as such encurages the use f Cdex Guidelines fr the use f claims. Cllabratin with cmpanies and fd prviders wh make fd, sell fd, market fd and r have any invlvement in the prvisin f services t the public. MA(SA) supprts the use f nutrient prfiles as a tl t evaluate the verall nutritin cmpsitin f a prduct and, n that basis decide whether r nt a prduct is entitled t carry a health claim. The FSANZ nutrient prfile mdel was designed t determine the eligibility f fds t carry a health claim. The FSANZ d nt use their mdel t be used t screen fds fr nutrient cntent claims, neither t prfile prducts that can/cannt be marketed t children. Hwever, the Suth African regulatins prpse t use the nutrient prfile mdel as a tl t determine the eligibility f fds t carry a nutrient cntent claim, and t prfile prducts that can/cannt be marketed t children. MA(SA) strngly recmmends that this mdel be used in the manner fr which it was designed, and thus nt t screen fr nutrient cntent claims r t prfile prducts that can/cannt be marketed t children. In rder t drive effective implementatin f respnsible marketing practices within Suth Africa, MA(SA) seeks clarity n definitins relating t Regulatin 65 f Cmmercial Marketing f Fds and Beverages t Children (please see ur recmmendatins in the table belw). The regulatins as currently drafted nly stipulate that marketing t children shuld abide by guideline 14. The recmmendatin f the Wrld Health Organisatin is that Gvernments shuld set clear definitins fr the key cmpnents f such a plicy, thereby allwing fr a standard implementatin prcess. MA(SA) recmmends that guideline 14, as currently drafted, fall away cmpletely and rather the regulatin shuld refer t The Advertising Standards Authrity f Suth Africa s (ASASA) Cde f Advertising Practice which is a well established tl t guide advertisers in Suth Africa n respnsible advertising. MA(SA) believes that the existing definitins in the ASASA cde wuld prvide the mst lgical framewrk fr further discussins n Guideline 14. Nt nly is industry well familiar with this cde and its definitins, but it is als aligned with well established glbal practices in the Eurpean Unin and the United States.

3 TEMPLATE FOR COMMENTS ORGANISATIO N/COMPANY NAME (ABBREVIATED NAME WHERE APPLICABLE) COMMENT NUMBER REGULATION OR ANNEXURE OR GUIDELINE NUMBER JUSTIFICATION FOR CHANGE MA(SA) Child In rder t mentin the term Child r children in these regulatins, there needs t be a definitin f this term. MA(SA) Cmmercial marketing In rder t mentin the term Cmmercial Marketing in these regulatins, there needs t be a definitin f this term. PROPOSED WORDING OF CHANGE We suggest the terms Child be defined as fllws: a persn f twelve years ld and under. We suggest the terms Cmmercial Marketing be changed t Marketing Cmmunicatins and be defined as fllws: a. A matter which is published r bradcast using any medium in all f Suth Africa r in a substantial sectin f Suth Africa fr payment r ther valuable cnsideratin and which draws the attentin t the public r a segment f it, t a prduct, service, activity, persn, rganisatin, r in line f cnduct, in a manner calculated t prmte r ppse directly r indirectly that prduct, service, activity, persn, rganisatin r line f cnduct; b. Any activity which is undertaken by r n behalf f a marketer fr payment r ther valuable cnsideratin and which draws the attentin f the public r a segment f it t a prduct, service, activity, persn, rganisatin r the line f cnduct,

4 MA(SA) MA(SA) Fd and Beverage Prducts Marketing Cmmunicatins t Children In rder t mentin the term Fd and Beverage Prducts in these regulatins, there needs t be a definitin f this term. In rder t mentin the term Marketing Cmmunicatins t Children in these regulatins, there needs t be a definitin f this term MA(SA) 65 The regulatin requires definitins t be added in the glssary f definitins t reduce misinterpretatin and ambiguity. Please see ur recmmendatins abve in cmments specific t definitins within this regulatin. in a manner calculated t prmte r ppse directly r indirectly the prduct, service, persn, rganisatin r line f cnduct. We suggest the terms Fd and Beverage Prducts be defined as fllws: means any fd and beverage prducts marketed in Suth Africa, including marketing cmmunicatins fr meals r individual menu items by restaurant wners and ther fd service prviders We suggest the terms Marketing Cmmunicatins t Children be defined as fllws: means where 35% r mre f the audience is 12 r under years f age. Where adequate data are unavailable, ther factrs will be cnsidered as apprpriate, which may include the verall impressin f the marketing cmmunicatins, such as the extent t which children are the express target grup fr the medium emplyed and the extent t which the marketing cmmunicatins tls and techniques are designed t appeal primarily t children, actins taken by the cmpany t restrict child access and the target demgraphic based n the cmpany s media plan. N fd r nn-alchlic beverage shall be marketed t children unless it cmplies with all the criteria in a revised guideline aligned t the cde f The Advertising Authrity f Suth Africa (see cmments and recmmendatins n Guideline 14) Further t the abve, Recmmendatins n the marketing f fds and nn alchlic beverages

5 t children published by WHO and endrsed by the 63rd WHA clearly specifies that Gvernments shuld set clear definitins fr the key cmpnents f the plicy. MA(SA) GUIDELINE 14 It is recmmended here that the cntent f guideline 14 be replaced with the updated cde f the advertising authrity f Suth Africa (ASASA) due t the fllwing benefits: It is recmmended here that the cntent f guideline 14 be replaced with the updated cde f the advertising authrity f Suth Africa (ASASA) 1. The ASASA cde ffers a cmprehensive set f definitins that clarifies the plicy. 2. It als clarifies the scpe that is cvered by this guideline/ regulatin. 3. Defines children as 12 and under and this is accepted as the guideline glbally. 4. The cde accepts the use f a nutrient prfiling tl as criteria t define a healthy prduct. 5. The ASASA cde cvers the additinal elements f marketing t children including settings like schls and playgrunds, makes prvisin n the prmtin f healthy lifestyles, making available infrmatin t parents etc 6. The ASASA cde makes the decisin fr the manufacturer easy-- -- Can market the healthy prduct

6 meeting the nutrient criteria and if nt, nt t market. MA(SA) GUIDELINE 14 Regarding the Nutrient Criteria/prfile mdel referred t in Guideline 14: MA(SA) strngly supprts the use f nutrient prfiles as a tl t evaluate the verall nutritin cmpsitin f a prduct and, n that basis decide whether that prduct can be marketed t children. Nutrient prfiles shuld hwever fit the purpse fr which they were develped. Cnsidering that the prfile fr prducts that shuld be entitled t carry a health claim is very different frm the prfile f prducts that can/cannt be marketed t children, a separate set f nutrient prfiles have t be develped fr these purpses. Cnsidering that this exercise has already been dne in the EU and the US, little time wuld be required t develp a set fitting the Suth-African market." We recmmend that a separate set f nutrient prfiles be develped fr these specific purpses. Cnsidering that this exercise has already been dne in the EU and the US, little time wuld be required t develp a set fitting the Suth-African market."