HFSS Products Labeling as a Global Regulatory Initiative

This paper is about labeling requirements of products high in fat, salt, sugar (HFSS products) as one of the means to tackle proliferating non-communicable diseases (NCDs). The latter account today for 70% of deaths worldwide. Various national, regional and international HFSS labeling regulations and initiatives; working papers of regulatory bodies; positions of regulatory bodies, business, scientific community regarding HFSS labeling; relevant cases of national and international dispute settlement bodies have been analyzed. Aims and methods: map the existing HFSS labeling requirements; identify the main problems associated with HFSS labeling; describe the process of creation of uniform HFSS labeling rules at the international level and suggest which of the labeling schemes can become global. The work is organized in three chapters accordingly. Comparative analysis and projection are main methods applied in this study. Key results: HFSS labeling requirements are mapped in three major groups and further classified as summary indicator schemes, which include endorsement logos and warning labels, as graded indicators and as nutrient-specific labels that can be plain numerical or colored numerical. HFSS labeling is a textbook example of the situation when trade liberalization and freedom of commercial expression must be balanced with public health and human rights. HFSS labeling is a trade barrier, because it entails labeling costs, time delays, competition restrictions. However, it can be justified under art. 2.5 of the WTO TBT Agreement. Although the right to “healthy” and nutritious food is covered by internationally recognized right to health and right to food, due to the “accountability gap” the producers of HFSS products feel themselves at ease. The work on developing of legally binding instruments both at the international and domestic levels to combat NCDs is ongoing and has been accelerated by the COVID-19 pandemic. Establishment of a uniform type of labeling at the international level is not possible. Harmonization at the international level should focus on general principles and not on specific labeling schemes in order to take into account the diversity and the specificity of different regions. As NCDs proliferate, more active regulatory interventions should be expected. Labeling of HFSS products will undoubtedly be at the forefront of the global, regional and national agenda for the coming years.