Abstract
Health Canada recently issued a Marketing Authorization to expand the eligibility of the dairy-related exemption for Canadian front-of-pack labelling (FOPL) regulations. The 2024 Marketing Authorization exempts dairy-related products that are a ‘source of calcium,’ rather than only ‘high in’ calcium as previously regulated, from displaying a ‘High in’ front-of-pack nutrition symbol, regardless of their saturated fat and sodium levels. The Marketing Authorization, heavily influenced by the food industry, lacks strong scientific evidence to support its adoption. Although there is a high prevalence of inadequate calcium intakes among Canadians, the Marketing Authorization will exempt more dairy-related products that are significant contributors of saturated fat and sodium for Canadians. While providing very little calcium, many dairy-related products, particularly cheese products, are ‘high in’ saturated fat and/or sodium. Expanding the exemption criteria will allow dairy-related products with little health benefits to be reflected as ‘healthy’ (i.e., not display a ‘High in’ nutrition symbol), blunting the potential impact that FOPL regulations could have on improving the diets of Canadians. We strongly urge Health Canada to reconsider the expansion of the exemption and encourage others to conduct policy-relevant research and participate in the policy decision-making process to promote evidence-informed public health policies for the health of Canadians.
Generated Summary
This commentary examines the impact of industry lobbying on Canadian front-of-pack labelling (FOPL) regulations, particularly focusing on the dairy-related exemptions. The study reviewed meetings and correspondences between Health Canada and stakeholders, primarily the food industry, to assess their influence on the regulatory development process. The research employs data from Health Canada’s Meetings and Correspondence on Healthy Eating Database to analyze the regulatory events and activities related to FOPL regulations. The Marketing Authorization, heavily influenced by the food industry, lacks strong scientific evidence to support its adoption. The core methodology involves a review of meetings and correspondences, focusing on the influence of the food industry, particularly dairy-related associations. The scope of this research includes assessing the impact of industry influence on the expansion of exemption criteria for dairy products within the FOPL regulations, and its potential consequences on public health. The study also examines the nutritional content of dairy products, especially cheese, to determine the effects of the exemption on consumer health.
Key Findings & Statistics
- Approximately 40% (n=75/187) of meetings between February 2018 (CGI release) and June 2022 (CGII publication) were related to FOPL regulations, with the majority initiated by the food industry or trade associations (n=57/75).
- Six meetings were initiated by dairy-related associations.
- Between June 2022 (CGII publication) and July 2023, approximately 22/44 meetings related to FOPL regulations were initiated by the food industry (n=21/22), with the Dairy Farmers of Canada as the most prevalent stakeholder (36%; n=8/22).
- The expansion of exemption criteria allows dairy products that are a ‘source of calcium’ (≥5%DV) to be exempt.
- The exemption criteria for dairy-related products that are ‘good’ or ‘excellent’ sources of calcium (≥10%DV or ≥15%DV) were expanded in the final regulations (CGII).
- 84% (n=984) of products would be exempted from displaying a ‘High in’ nutrition symbol under the 2024 Marketing Authorization compared to the previous FOPL regulations (CGII, n=658).
- This translates to a 43% decrease in ‘high in’ saturated fat (n=171, down from 299) and a 41% decrease in ‘high in’ sodium products (n=60, down from 102) not displaying the appropriate ‘High in’ nutrition symbol.
- Cheese: 90% of cheese products (n=661) were not exempted under the Canada Gazette II criteria and 47% (n=345) are ‘high in’ saturated fat. Under the 2024 criteria, 61% (n=452) are exempted, with 33% (n=241) being high in saturated fat.
- The newly introduced expansion of the exemption would lead to more dairy-related products with high levels of saturated fat and/or sodium not displaying a ‘High in’ nutrition symbol, particularly cheese.
- The top contributor of calcium for Canadians is milk, not cheese or yogurt, while cheese is a significant contributor of saturated fat and sodium.
- Under the 2024 Marketing Authorization, exempted cheeses are not ‘high in’ calcium, with an average of 115.2 mg/serving (9%DV).
- The 2024 Marketing Authorization expanding the exemption criteria for dairy-related products will allow many more products that are high in saturated fat and/or sodium with no additional health benefits (i.e., not ‘high’ in calcium) to be exempted.
Other Important Findings
- The 2024 Marketing Authorization expands the exemption criteria for dairy-related products to include ‘sources’ of calcium (i.e., ≥5%DV per reference amount).
- The dairy-related exemptions are scheduled to be examined 10 years following the implementation of FOPL regulations (i.e., 2036).
- The expansion of exemption criteria for dairy-related products will do little to address the inadequate calcium intakes among Canadians.
- The contribution of saturated fat and sodium intakes from cheese to overall intakes was likely higher if cheese consumed as ingredients in mixed products (e.g., pizza, sandwiches) was considered.
- The exemption criteria expansion undermines the effectiveness of FOPL regulations.
- Canada’s Dietary Guidelines state in Guideline 1: “Protein foods include legumes, nuts, seeds, tofu, fortified soy beverage, fish, shellfish, eggs, poultry, lean red meat including wild game, lower fat milk, lower fat yogurts, lower fat kefir, and cheeses lower in fat and sodium”. However, the expansion of the exemption will not identify dairy-related products “lower” in fat and/or sodium.
- Health Canada’s commitment to reduce sodium intakes of Canadians to an average intake of 2300 mg/day, and progress towards sodium reduction has been minimal.
- The recent exemption criteria expansion may undermine efforts and dissuade manufacturers from reformulating products to reduce sodium levels.
Limitations Noted in the Document
- The reliance on Health Canada’s database for meetings and correspondences may not capture the full extent of industry influence.
- The study does not provide a comprehensive analysis of all the factors influencing the FOPL regulations.
- The analysis is limited to the data available in the Health Canada database.
- The lack of a strong, scientific basis for adopting the Marketing Authorization is also a limitation.
- The impact of the exemption criteria on consumer behavior is not directly assessed.
- The focus on dairy-related products may not fully reflect the broader scope of the FOPL regulations and other industry influences.
Conclusion
The study strongly urges Health Canada to reconsider the expansion of the dairy-related exemption. This decision, driven by industry lobbying, threatens to undermine the effectiveness of the front-of-pack labeling regulations designed to improve the diets of Canadians. The commentary highlights the concerning trend where policy decisions appear to be influenced by lobbying efforts, lacking strong scientific backing. The authors emphasize the need for evidence-based decision-making and the active involvement of stakeholders to ensure that public health policies are effective. The expansion of the exemption criteria will lead to more products high in saturated fat and sodium not displaying ‘High in’ nutrition symbols, potentially confusing consumers. The authors call upon health professionals and researchers to conduct relevant research, and participate in the policy-making process to support strong, evidence-informed public health policies for the health of Canadians. “We strongly urge Health Canada to reconsider the expanded dairy-related exemption, driven by the dairy industry lobbying, and commit to evidence-informed public health policies that can improve the health of Canadians.” The authors also emphasize the importance of adhering to the Canada’s Dietary Guidelines. The authors suggest that the Marketing Authorization undermines these efforts and emphasizes the need for transparent, science-based decision-making. By prioritizing consumer health and evidence-based policies, the authors advocate for changes that will improve the effectiveness of FOPL regulations.