A New Deal for Public Health in Britain: Whose Responsibility is the Health of the Public?

The recently empowered coalition government in Britain has adopted a new and controversial approach to public health. In 2010, the secretary of state for health, Andrew Lansley, released a white paper declaring that “Responsibility Deals” would be used to promote health lifestyles and reduce the public health and financial impacts of chronic diseases. Lansley specifically states that the deals are “a Conservative response to challenges which we know can’t be solved by regulation and legislation alone. It’s a partnership between Government and business that balances proportionate regulation with corporate responsibility.” The policy approach raises the ongoing issue of deciding what role government should play when it comes to protecting public health.

Similarly it begs the question of what role, if any, representatives from food, alcohol, and tobacco corporations should have when it comes to writing health policy.

It just takes a little Nudge, or does it?

The approach is founded on an idea that Geof Rayner and Tim Lang of the Centre for Food Policy at City University in London argue is an extension of neoclassical economics, where rational consumers make smart choices, and in so doing support free and responsive markets. Nudge, as this approach is called, comes out of an eponymous book by Thaler and Sunstein. Positioned as an alternative to regulation and the “Nanny State,” Nudge argues that policy interventions like legislation, taxing, regulations, and bans are ineffective and costly for governments to implement and enforce. Instead, government should work with private industry on matters of health promotion and rely more on social marketing and industry-sponsored programs such as a bank sponsored “public” bike-rental scheme in London.

“Responsible” Dealings

The responsibility deal focused on diet and physical activity has three objects, or what it calls pillars. These are:

One: To enable, encourage and incentivize consumers to adopt a better diet and to increase their levels of physical activity as part of a positive decision to lead a healthier lifestyle.

Two: To enable and encourage people to drink sensibly and responsibly.

Three: To extend the scope and effectiveness of occupational health services through businesses, especially for small and medium-sized businesses, with an emphasis on maintaining a healthier lifestyle amongst the whole workforce and thereby reducing sickness and absence.

To date, roughly 400 corporations have signed on to, or pledged, promote these goals. In keeping with the theme of voluntary action and self-monitoring, each of these corporations has drafted and submitted its own pledge to the British Department of Health. In April of this year, each will also submit a self-assessment of their success meeting their goals. As an example of the type of commitments made, 40 of the “partners” as the corporations are referred to by the Department of Health, have agreed to start calorie labeling schemes of foods eaten out of the home. McDonalds is the largest retail outlet to sign on.  Others among the 40 corporations include Starbucks, Burger King, Pizza Hut, KFC, and several of the large supermarket chains. The Department of Health estimates that by 2012, 8000 food outlets in Britain will have calorie labels on their menus. While this is a move, perhaps nudge, in the right direction, it is a far cry from the scale of change likely needed to create real gains in public health. No aspect of this responsibility deal standardizes or mandates the size and/or placement of the calorie labels. No one other than the corporations themselves will be checking the accuracy of the calorie counts posted.

New York City’s experience provides a useful comparison. In New York, the calorie labeling regulation passed in 2007 applies to roughly 10 percent of the city’s 23,000 restaurants. The city’s legal battle with the food industry over the law shows that in a regulatory context with enforcement, details about the placement, accuracy, and size of calorie labels generate significant debate. For New York, the devil in these details of implementation was believed to be critical to the policy’s impact. Britain’s approach is to be hands-off on these issues.

Medical and Public Health Professionals Respond

Not surprisingly, responsibility deals raised more than eyebrows in the British medical and public health communities. Several of what would have been key partners in this collaborative approach to promoting health have refused to participate. This pushback from health advocates and professionals includes academics (like Lang and Tahyer), the British Medical Association, the British Association for the Study of the Liver, the British Liver Trust, Alcohol Concern, the Institute of Alcohol Studies, and the Royal College of Physicians. A consortium of NHS members, public health professionals, and concerned member of the public called Big Society NHS has critiqued the deals, stating that:

“The model of intervention promoted places government regulation as the last step. Once again shirking responsibility and leaving patients susceptible to corporate promotion of profits over health. In short these reforms neglect and dilute patient care, through the systematic fragmentation of the NHS, decrease in government responsibility and increase in privatisation.”

Other concerns of these constituent groups include:

  • The potential for government and private industry collusion behind closed doors on public health policy
  • History shows that private industry’s profit motive will prevent it from acting in ways that protect and promote health
  • That several of the resource allocating mechanisms of the reform will exacerbate, rather than reduce, health inequalities
  • The government white paper outlining the reform fails to include plans for monitoring the impacts of the policy
  • The government white paper outlining the reform fails to include plans for recourse or regulation if it turns out that Responsibility Deals don’t improve public health

What about US?

At the heart of the responsibility deal controversy is the very old public health issue of jurisdictions at all levels of government needing independent decision makers to make the sometime tough and almost always unpopular choices that elected and appointed officials can’t. Time will tell if the responsibility deals create the positive impacts the conservatives claim they will. Or, if this collaborative approach including corporations in writing public health policy will backfire in the ways its critics claim.

For this writer the more salient questions are: do we have time to wait? Is saving money in the short-term on enforcing regulation really worth the potential damage to health and its consequences on public spending in the long-term?

As a final cautionary note, it is worth noting that elements of this approach have already worked their way across the pond. The US’s voluntary salt reduction program is modeled on one that originated in Britain. Given the unique powers and protections afforded to corporations in the US, one should wonder how irresponsible it might be to adopt these kids of deals in this context. It may seem like an impossible move today, but with the Tea Party brewing and a contentious election season on the horizon, it is worth keeping an eye on the latest in conservative, neoliberal, health policy.

 

Image Credits:

1. Vissago via flickr.

2. Toban Black via flickr.

3. KR Colvin via flickr.

Cleveland Sues State of Ohio Over Trans Fat Ban

According to the Associated Press, the city of Cleveland sued the state of Ohio on Tuesday for the right to ban the sale of prepared foods that contain artery-clogging trans fats. The city filed suit in Cuyahoga County Common Pleas Court seeking to invalidate the state law blocking the ban. Mayor Frank Jackson said in announcing the lawsuit that the law unconstitutionally takes away the city’s home rule rights. The city ordinance passed last year would ban industrially produced trans fats in restaurant meals and grocery and bakery takeout items.

Food and Media Companies Lobby to Weaken Guidelines on Marketing Food to Children

A major lobbying push by a powerful group of food and media companies appears to be working, with a federal agency indicating it would back off on parts of proposed voluntary guidelines for marketing food to children. The guidelines are meant to combat childhood obesity. In a report for the Sunlight Foundation published earlier this month, Nancy Watzman found that in 2011, 26 food and beverage and media companies spent more than $37 million on lobbying the federal government on food and marketing issues.

McDonalds Fined in Brazil for Happy Meal Toy Giveaways

According to Ad Age, McDonald’s is being fined $1.8 million by the government of Sao Paulo for giving away toys with Happy Meals, following a complaint by a consumer defense group, reported Brazilian trade publication Meio & Mensagem, Ad Age’s editorial partner in Brazil. The Instituto Alana, a Brazilian nonprofit, claimed that the free toy with a McLanche Feliz (“Happy Meal” in Portuguese) “distorts values” and encourages “unhealthy eating habits” among children. The institute’s Children and Consumption Project filed a complaint with Procon-SP, part of the Sao Paulo government’s Department of Justice and Defense of Citizens.

Toying with the Happy Meal: Is McDonald’s evading the law?

Cross-posted from Grist.

While most media outlets dubbed it the “Happy Meal toy ban,” the ordinance passed in San Francisco last year didn’t ban anything. The law just placed a few reasonable nutrition guidelines (a maximum of 600 calories per meal and limits on fat and salt, for example) for restaurants using free toy incentives to lure kids into a lifetime of bad eating habits. In a rare victory for children’s health, the bill passed despite heavy lobbying by McDonald’s.

The law is scheduled to go into effect today, but the fast food giant — who didn’t want to change the nutritional makeup of its Happy Meals — has devised a clever gimmick to maintain the status quo.

Instead of giving the toys away for free, parents will now pay 10 cents for the latest plastic action figure. And for bonus PR, the dime will be donated to the city’s Ronald McDonald House.

Some media outlets have claimed that McDonald’s has successfully found a loophole, or has dodged or skirted the law. And it may look that way on the surface, but I’m not so sure.

It’s not clear to this lawyer that the clown trick is in full compliance with the law. What has really changed and how exactly will this new 10-cent rule play out at the cash register? Is McDonald’s HQ requiring its San Francisco franchises to ask if a parent would like to pay 10 cents extra for the toy? Even if they are, the reality is that the Happy Meal business model depends on toys being automatically included.

Fast food outlets manipulate so-called “default options” on the menu to ensure maximum sales. For example, when you order a “combo meal” it’s likely to automatically come with a soda — not, say, juice or milk — because soda has higher profit margins.

McDonald’s is determined to keep Happy Meals tied to toys, because a new toy every week ensures repeat business (and repeated nagging). The easiest way to do this is to include the toy as the default option. If parents started refusing the toys, it would defeat the entire purpose of the Happy Meal: to fulfill the company’s (likely very lucrative) contractual agreements with media companies that require them to cross-promote the latest movie, kids’ TV show, etc.

It’s no wonder then, that McDonald’s is so desperate to retain the toys. But is this true compliance with a law that was meant to disassociate toys from unhealthy food? I don’t think so.

McDonald’s has a history of acting irresponsibly, despite its claims to the contrary. For example, the company proudly touts its membership in the Children’s Food and Beverage Initiative. Through this voluntary, self-regulatory trade group, the company makes numerous claims about how responsible its child marketing policy is, including:

McDonald’s is proud of our long heritage of responsible communication with our customers, especially children, and continues to play a leadership role in the development of standards that govern advertising for children and adults.

However, an in-depth investigation by the Rudd Center on Food Policy and Obesity at Yale University found that McDonald’s has failed to live up to its voluntary pledge — in numerous ways. For example, the study found that McDonald’s increased its TV advertising from 2007 to 2009, with preschoolers seeing 21 percent more ads for McDonald’s and older children viewing 26 percent more.

The Rudd Center study also found:

  • McDonald’s web-based marketing (on Ronald.com) is aimed at children as young as 2.
  • McDonald’s 13 websites attracted 365,000 unique child visitors and 294,000 unique teen visitors on average each month in 2009.
  • African American teens viewed 75 percent more TV ads for McDonald’s compared to white teens.

All this is despite McDonald’s “commitment to responsible marketing to children.”

The Rudd Center also found that this type of marketing works. Forty percent of parents reported their child asks to go to McDonald’s at least once a week, with 15 percent of preschoolers asking to go every day. Wonder why? Toys play a huge part in that incessant asking. The fact that McDonald’s is so determined to keep toys shows just how huge.

Can’t parents just say no? Of course they can, but both ideas can be true: Parents need to set limits and McDonald’s needs to stop marketing to children. As ample science tells us, marketing to young children is inherently deceptive because they do not have the cognitive capacity to understand that they are being targeted. Therefore, under both federal and state law, marketing to young children is already illegal. (Read my previous article for the full legal explanation.)

As I see it, voluntary pledges are a dismal failure. Only better laws enforced over time will change the behavior of companies like McDonald’s. And when advocates do get laws passed to protect kids, McDonald’s will keep trying to avoid them. But we don’t have to let them get away with it. Here’s how you can get involved:

  1. If you live in San Francisco, contact San Francisco Supervisor Eric Mar’s office (the author of the bill) and tell him not to allow the City to accept this move by McDonald’s. San Francisco may still be able to fix the law with new language or change how it is enforced.
  2. Contact the San Francisco city attorney’s office to tell them the same thing.
  3. If you live elsewhere in California, contact the state attorney general’s office, which has authority to enforce consumer deception laws. If you live outside of California, you can find your state attorney general listed here.
  4. File a complaint with the Federal Trade Commission, the agency responsible for regulating advertising at the federal level. Deceptive marketing is already illegal, and marketing to young children is inherently deceptive.
  5. File a complaint with the industry-sponsored Children’s Food and Beverage Advertising Initiative about McDonald’s irresponsible marketing practices.
  6. Just for fun, contact McDonald’s to tell them what you think.
  7. Finally, support nonprofits that are working to hold companies like McDonald’s accountable. The two I recommend are The Campaign for a Commercial-Free Childhood and Corporate Accountability International.

It’s clear this company won’t improve on its own. Maybe it’s time to Occupy McDonald’s?

 

Image Credit:

klavinka via flickr.

How the Food Industry Eats Your Kid’s Lunch

In an opinion essay in the New York Times, Lucy Komisar describes an increasingly cozy alliance between companies that manufacture processed foods and companies that serve the meals in public schools. This partnership, she writes, “is making students — a captive market — fat and sick while pulling in hundreds of millions of dollars in profits. At a time of fiscal austerity, these companies are seducing school administrators with promises to cut costs through privatization. Parents who want healthier meals, meanwhile, are outgunned.”

Kraft to Introduce New Energy Drink Despite Health Concerns

Kraft Foods Inc. will enter the energy drink market by launching trial caffeinated versions of its popular MiO drink starting around the new year, reports the International Business Times. Kraft spokeswoman Bridget MacConnell said it’s a near-$6 billion market annually. “We think it’s a terrific product,” MacConnell told the Times. “Consumers have told us this is something they’re looking for. We’re very positive.” A recent review of the scientific literature on energy drinks in the medical journal Pediatrics concluded that, “energy drinks have no therapeutic benefit, and many ingredients are understudied and not regulated. The known and unknown pharmacology of agents included in such drinks, combined with reports of toxicity, raises concern for potentially serious adverse effects in association with energy-drink use.”

What to do after Food Day? Join the Occupy movement

Cross-posted from Appetite for Profit.

[October 24th was] Food Day, a national grassroots campaign for healthy, affordable food produced in a humane, sustainable, and just way. Created by the Center for Science in the Public Interest and modeled after Earth Day, the idea appears to be a huge success, with over 2,000 events scheduled around the nation. Even the food industry is taking notice by putting out their own silly messages about how “every day is Food Day for the food and beverage industry.” (Exactly, that’s why we need our own day.)

But when all of [Food Day]’s positive energy dies down, many of us will continue to do the hard to work to make systemic changes to our very broken food system. And it’s getting harder all the time, with massive push back from a very powerful industry that has endless resources. But now there is more hope than ever before, coming in the form of the Occupy movement.

On Saturday, I marched with hundreds of my neighbors in Occupy Oakland, right past my local farmers market, which seemed entirely appropriate: a symbol of an alternative universe where local, fresh food made by caring individuals triumphs over chemical-laden concoctions churned out in far-away factories. I was in tears as marchers called out to on-lookers at the market to “join us, join us.” (The entire march was much more moving and inspiring than writing blog posts about the evils of food industry marketing.)

Everyone working to change the food system should find a way to hook up with Occupy. The connection should be obvious. The Occupy movement at its core is about corporate power. Indeed, every one of the six Food Day principles connects to the corporate takeover of our food supply:

1. Reduce diet-related disease by promoting safe, healthy foods
2. Support sustainable farms and limit subsidies to big agribusiness
3. Expand access to food and alleviate hunger
4. Protect the environment and animals by reforming factory farms
5. Promote health by curbing junk-food marketing to kids
6. Support fair conditions for food and farm workers.

Still not convinced? Read my smart colleagues’ calls to action:

– Mark Bittman, New York Times: Finally Making Sense on Wall Street
– Slow Food USA: Occupy Wall Street: What’s food got to do with it?
– Siena Chrisman, Why Hunger: Why the Food Movement Should Occupy Wall Street
– Tom Philpott, Mother Jones: Foodies, Get Thee to Occupy Wall Street
– Ben Lillitson, Institute for Agriculture and Trade Policy:
What does the occupation of Wall Street have to do with agriculture?

So enjoy Food Day. And tomorrow go join Occupy, it may be our best hope yet.

Do Farm Subsidies Cause Obesity?

A new report by Food and Water Watch and the Public Health Institute challenges the belief that farm subsidies are an important cause of obesity. “It’s convenient to blame farmers for making Americans fatter, rather than putting the blame squarely on the corporations that lobbied for the deregulation that led to overproduction of cheap corn and soy,” said Wenonah Hauter, Executive Director of Food & Water Watch. “Cutting subsidies without fixing commodity policies will do nothing to address the overabundance of heavily advertised junk food in our country or help more people access healthy foods, but it could have a devastating impact on the thousands of small to midsize family farmers who rely on subsidies to stay afloat.”

Why is the Federal Government Giving its Stamp of Approval to Ronald McDonald?

Bowing to industry pressure, the Federal Trade Commission announced that its final proposed voluntary guidelines to protect children from predatory marketing would not require food corporations to remove “brand equity characters from food products that don’t meet nutrition guidelines.”

The FTC’s decision is extremely disappointing, and prioritizes the interests of corporations such as McDonald’s and PepsiCo over kids’ health.

More specifically, the federal government is sending the message that powerful child-friendly icons such as Ronald McDonald are A-OK, regardless of the lifelong health consequences of getting kids hooked on a steady diet of cheeseburgers, fries, and Coke.The FTC’s testimony was startling and disturbing. While the agency says such characters are “appealing to children,” they also appeal “to a broader audience and are inextricably linked to the food’s brand identity.”A “broader audience?” Who exactly are characters such as Toucan Sam, Tony the Tiger, and especially Ronald McDonald designed to appeal to other than children? The FTC is absolutely correct that such characters are inextricably linked to the brand’s identity, and that is exactly the point.

McDonald’s deploys its ubiquitous mascot in myriad ways—in schools, community events—wherever children congregate—for the sole purpose of building brand loyalty from a very young age. And often at these appearances, there’s not a Happy Meal in sight. Because McDonald’s knows the key to getting kids to nag their parents to visit McDonald’s is getting vulnerable children to fall in love with Ronald first, and Chicken McNuggets second.

If the federal government backs off setting some minimal guidelines for how these characters can be utilized, it would set a dangerous precedent, potentially even undermining state and local policy along with other legal actions to stop this predatory marketing practice.

Obviously the Obama Administration is under tremendous political pressure from the food industry, in addition to the powerful advertising industry lobby. But the entire process of the Interagency Working Group was compromised early on because government officials agreed with the food corporations that voluntary, self-regulation is a viable solution to junk food marketing to kids.

Decades of experience combined with ample scientific research, not to mention common sense, tells us that relying on the food industry to police itself is futile. Having federal agencies provide guidance to the food industry to improve their own voluntary standards was wishful thinking at best. In the process of trying to gain food industry cooperation, the Federal Trade Commission seems to have forgotten its own motto: “Protecting America’s Consumers.” You would hope that kids would be at the top of the list for FTC protection.

Federal officials should stop hiding behind free speech rhetoric, pretending that voluntary self-regulation will work, and instead roll up their sleeves and get to work drafting legally feasible safeguards against predatory junk food marketing to children. It’s the best solution we have.

 

Image Credit:

Kcolwell via Flickr