Front package labeling absence in the codex alimentarius regulation: a possible obstacle for a more right protective health national regulation

Abstract

Overweight and obesity are great public health concerns, with an increasingly growing prevalence in both developed and developing countries. A primary cause of these issues is the globally increased consumption of food containing high calorie levels along with excessive fat, salt and sugar contents; preferences strongly linked to food industry marketing strategies and advertising. The development of clear and simple nutrition labeling, such as front-of-package labeling, is a useful tool to promote further well-informed consumer decisions.
Yet, attempts to move forward with national public policies in this subject are often deterred due to front packaging labelling not being explicitly mentioned in nutrition labelling Codex Alimentarius regulation standards, which currently serves as the only framework proposed in this area.
This work is particularly aimed at analyzing how front-of-package labeling omission in the Codex’s rules affects processes carried out in States that intend to implement this policy and, on this basis, to reflect on to what extent the Codex’s normative has the capacity to meet a growing need for food regulation in order to limit the impact of obesity.
In order to do so, a normative analysis will be carried out: Codex regulatory documents on nutrition labeling will be reviewed, in line with The Technical Barriers to Trade Agreement; recommendations of relevant institutions in this field such as WHO and PAHO will also be revised; and, last, the Chilean experience front-of-package labeling implementation will be mentioned in order to illustrate obstacles that need to be addressed whenever a State intends this regulation’s implementation.