At the 34th Session of the Codex Committee on
Food Labelling (CCFL), held in Ottawa, Canada from May 1-5, 2006, the
CCFL met in order to discuss several issues of importance to
consumers. Among other things, the CCFL discusses and proposes
guidelines on food labeling, food definitions, advertising, and any
matters referred to it by the Codex Alimentarius Commission (CAC), the
Food and Agriculture Organization (FAO), and/or the World Health
Organization (WHO).
The National Health Federation, the only consumer
health-freedom group with accreditation to attend and speak out at
such Codex meetings, was present throughout the entire meeting and its
working groups in order to monitor the Committee’s work and to provide
a voice at the meeting for those consumers who wish to preserve their
health choices through a free flow of information from all sources.
The Global Strategy
The first day of the meeting opened early on with a
presentation by Janice Albert, the representative of the FAO,
discussing the WHO’s “Global Strategy on Diet, Physical Activity, and
Health,” in which she made several main points about the Global
Strategy: (1) that its aim was to prevent and control “the heavy and
growing burden of non-communicable diseases”; and (2) that the FAO
endorsed this Strategy. Further areas for developing the Strategy,
she added, would be: (1) promoting labeling to allow consumers to be
better informed about the benefits and contents of foods; (2) adopting
measures to minimize the impact of marketing on unhealthy dietary
patterns; (3) providing more information about healthy consumption
patterns; and (4) adopting production and processing standards
regarding the nutritional quality and safety of products.
Importantly, during her presentation, not once did Ms. Albert mention
food supplements.[1]
Nor did any of the other delegations discussing this topic
mention food supplements as a critical element for optimizing health
and nutrition, until South Africa spoke. The South African delegate,
Antoinette Booyzen, proposed the inclusion within the Global Strategy
of a comprehensive list of 11 health-optimizing points, including,
among other things, recognizing that nutrients were not toxins and
should be generally recognized as safe, allowing the enrichment of
foods with dietary supplements so as to optimize nutrient density, and
supporting nutrition and health claims and advertising for those foods
that contribute to a healthy lifestyle while banning such claims that
do not. The NHF was the only other delegation present that spoke up
in support of the South African proposal, although it could be argued
that the Senegalese delegate’s preceding remarks indirectly supported
South Africa. Without broad support, the South African proposal was
not accepted for inclusion.
After a break, the CCFL Chairwoman, Dr. Anne MacKenzie,
announced that the Committee should approve 5 main themes involving
the Global Strategy, which themes were drafted by unnamed parties
during the break. Those themes were: (1) Enhancing and improving the
label information about the nutritional aspects of food to assist
consumers in making informed health choices about foods; (2) The
importance of truthful and non-misleading marketing practices and
advertising in promoting the nutritional aspects of foods; (3) Codex
standards should not impede the development of modified versions of
foods intended to improve consumers’ food choices [read: GMOs should
not be forbidden]; (4) The importance of sound science in implementing
the Global Strategy; and (5) Improving access to information that is
adequate, accurate, and truthful. The Chairwoman then asked for
comments from the delegates.
The NHF pointed out to the Committee that it was easy for
us delegates to nit-pick the work done by others and that the
Chairwoman should be commended for the 5 Themes, which covered the two
general topics of health protection and truthful information.
However, the NHF added that those two topics are just subsets of our
overriding goal here of ensuring that people will be healthier, and
that unfortunately nowhere in the 5 Themes was there any mention of
“optimizing health and nutrition.” The NHF therefore proposed, and
the Chairwoman accepted, that the phrase “The role of adequate
information that is truthful must be taken into consideration” have
the words “and that optimizes health and nutrition” inserted after
“truthful” so as to reflect this broader theme. It looked like a
victory for health freedom!
At that point, though, the delegate from the United
States, Barbara Schneeman, asked to be recognized and then said that
the United States opposed the inclusion of those words because it
would not be good to tinker with the wording of the themes. The
Chairwoman then promptly deleted the NHF’s previously-accepted wording
from the text, since, under Codex procedural rules, a country’s stated
position will prevail over that of a nongovernmental organization such
as the NHF.[2]
Thanks, then, to the United States and the United States alone there
is no mention of optimizing health and nutrition in the 5 Themes of
the Global Strategy.
The Chairwoman then announced that the FAO and WHO would
prepare a document that would take into account the 5 Themes, which
would then be presented at the next meeting of the Codex Committee on
Nutrition and Foods for Special Dietary Uses in November 2006. CCFL
would then revisit the enhanced report at its next meeting.
GMO Labeling
The next hot topic at the CCFL meeting centered around
genetically modified organisms and whether or not they needed to be
fully disclosed on food labels. Contrary to most of the rest of the
World, the general position of the food-exporting Western Hemispheric
delegations (Canada, USA, Mexico, and Argentina) was that GMO labeling
was not a topic that the Committee should take up and that it should
be dropped from the agenda. The NHF disagreed with that position and
supported full disclosure of GMO ingredients on food labels so that
consumers may make fully-informed health choices.
Since no consensus was reached on this topic, the
Chairwoman accepted Norway’s suggestion for a physical working group
to meet in Norway next January 2007, and the NHF added its name to the
many other delegations which will be in attendance there.
Trans-Fatty Acid and Advertising Definitions
Two issues that the Committee was charged with considering
were the definitions of trans-fatty acids[3]
and advertising.[4]
In both cases, there was broad disagreement and, so, no consensus was
reached after considerable discussion.
Importantly, as the disagreement over the definition of
trans-fatty acids raged on, the Chairwoman noted that “We are all
aware of sovereign rights, so there is nothing to prevent the member
countries from revising [the definition] as they will.” This comment
was in line with her earlier comments that the CCFL guidelines were
just “indicative” and not required, words that are important to many
of us who see Codex Guidelines as the harbinger of national things to
come.
In its opposition to the definition of trans-fatty acids,
South Africa noted the definition as proposed would cover certain
naturally-occurring substances, such as conjugated linoleic acid (CLA),
which could result in them being unfairly and incorrectly branded as
health hazards.
In turn, the NHF opposed the Canadian-proposed definition
of advertising because it could result in the prohibition of
advertising legitimate, published, peer-reviewed research papers,
among other things. The United States delegation, supported by
several other delegations, expressed the opinion that it was not
appropriate for the Committee to define advertising, which definition
best be left to national authorities.
Overview
Well-run,[5]
the CCFL meeting progressed steadily despite strong disagreements
among the country delegations. The main areas of friction were about
the WHO Global Strategy themes, mandatory GMO labeling, and –
interestingly enough – the definitions of trans-fatty acids and
advertising. All of these issues were referred on for further
discussion and work, but there was never any consensus or agreement
that health and nutrition must be optimized or that dietary
supplements have a role to play in optimizing health and nutrition,
although the National Health Federation came extremely close to
inserting important language to that effect in the Global Strategy’s
themes. Unfortunately, the United States – represented here as it
always is by an FDA functionary – saw to it that such important
language was eliminated from the Global Strategy.
Clearly, with anti-health-freedom delegations such as the
United States and the European Commission running the show at Codex
and with most other delegations blissfully uncaring or unknowledgeable
about the true health benefits that optimal health and nutrition play
in preventing disease and other health problems, the direction of the
various Codex guidelines is still off-course.
[1] In
fact, in a private conversation NHF held with Ms. Albert the
following day, she said that at the last CAC meeting in Rome (July
2005) there had been no condemnation by FAO or WHO of Codex on the
subject of nutrition and that, while she agreed that natural
substances should not be treated in the same manner as toxins,
natural substances such as food supplements must be checked and
controlled also.
[2] At
the very next break, the NHF delegate angrily demanded of Dr.
Schneeman why she had asked for the removal of the “optimizes
health and nutrition” wording. Taken aback, she claimed that we
must look at the broader picture, that we could not allow the
themes to be tinkered with, and that such wording might imply that
labeling would have to have such information. The NHF said, if
anything, her position showed that the FDA opposes optimizing
health and nutrition!
[3]
Defined as “all the geometrical isomers of monounsaturated and
polyunsaturated fatty acids having non-conjugated, interrupted by
at least one methylene group, carbon-carbon double bonds in the
trans configuration.”
[4]
Defined as “any representation to the public, by any means other
than a label, that is intended or is likely to influence and shape
attitude, beliefs and behaviours in order to promote directly or
indirectly the sale of any food.”
[5]
Whatever may be said of the direction of Codex, it must be stated
that Chairwoman Anne MacKenzie was competent, astute, and
extremely knowledgeable in her handling of the meeting as its
chairwoman, only once failing to recognize the NHF to speak (and
that due to obvious time constraints) - all qualities to be
appreciated.
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