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Legislative scaffolds for saltreduction 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 Excess salt Hypertension Strokes and heart disease 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 options Table 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 selfregulation Smart regulation Self-regulation Mandatory standards Responsive regulation Mandatory standards Standards with discretionary punishment Enforced self-regulation Self-regulation Voluntary compliance Legislative scaffolds Content Processes Enforcement Objectives Terms Conditions Administration Monitoring Review Incentives for compliance, Penalties for breaches Improving the Dialogue: Phase 1 Content Processes Enforcement Greater range of targets Encourage more participants Targets and caps are voluntary Monitoring through baseline data on salt intake and food database Warning label for new high-salt products Creation of maximum salt caps Creation of High-Level Steering Committee with equal representation of interests Improving the Dialogue: Phase 2 Content Processes Enforcement Salt reduction targets apply to specific manufacturers’ portfolios Creation of an independent regulator with a statutory mandate Mandatory compliance with average targets Regulator to monitor companies’ performance Failure to reformulate requires salt warning label Regulator can acquire information, ‘name and shame’, seek enforceable undertakings Improving the Dialogue: Phase 3 Content 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 noncompliance Pie in the sky? Thank you Belindareeve.com [email protected] @Belindareeve
