Memorandum submitted by the British Soft
Drinks Association Ltd (BSDA)
BSDA represents the collective interests of
UK manufacturers and distributors of soft drinks, including carbonates,
still drinks, dilutables, fruit juices, juice drinks and bottled
waters. The total sales value of the market in 2003 was worth
£11 billion and the industry directly employs about 19,000
people. The industry is dedicated to providing a wide range of
choice so that individuals can construct a balanced diet which
includes adequate fluid intake.
1. INTRODUCTION
1.1 BSDA fully supports the provision of
clear information to consumers so that they are in a position
to make informed choices.
1.2 Information may be supplied through
a variety of means:
— other information sources, such as
customer care lines and websites.
1.3 On-pack labelling: this is the foremost
means of supplying consumers with full information about products.
It is a highly regulated area to ensure that consumers are not
misled; that they understand the true nature of the product; and
can store, prepare and consume the product safely by the "use
by" or "best before" date. The label also carries
important information in relation to the manufacturer and batch
numbers so that any post-sales problems or complaints can be effectively
addressed.
1.4 Advertising and Promotion: are designed
to inform consumers of the availability of a brand on a highly
competitive market place. They do not necessarily have to carry
all the statutory information required on food labels but must
nonetheless conform with the Codes of Practice relating to advertising
and the relevant provisions of legislation relating to the labelling,
promotion and advertising of food. Advertising and promotion assist
market competition and the launch of new products. They contribute
to competitive pricing, the development and maintenance of high
standards, the development of new products: all these are of benefit
to consumers.
1.5 Other Information Sources: customer
care lines and websites are other key sources of information for
consumers.
1.6 BSDA offers primary and secondary schools
an educational resource pack, Liquids Mean Life, which is designed
to inform children about the production and marketing of soft
drinks, including fruit juices and bottled waters, environmental
considerations and the importance of fluid intake
2. EFRA QUESTIONS
2.1 Information on the nutritional content
of foods
2.1.1 BSDA supports the provision of clear
and meaningful on-pack nutrition information so that consumers
can choose products suitable for their needs and tastes. It believes
that the current legislation is not necessarily appropriate for
drinks, particularly when these contain only certain nutrients.
The result is that nutrition panels can be cluttered with zeros
which confuse rather than inform. The industry also believes that
it is more helpful to provide nutrient information per serving,
ie in the quantity the consumer is likely to consume, rather than
per 100g/ml which might not be a standard portion size particularly
where fluids are concerned.
2.1.2 Differences in normal serving sizes
between solid and liquid foodstuffs must also be taken into account
when requirements are set for the addition of vitamins and minerals.
The definition of "significant amount" should be appropriate
to a realistic quantity consumed and, again, not fixed per 100g/ml.
2.1.3 The Food Standards Agency has been
reviewing appropriate criteria for nutrition labelling and BSDA
recommends that it bases its review on clarity and key information.
FSA has considered "signposting" foods but it remains
essential that information is sufficiently factual and placed
within the context of a balanced diet if nutrition messages are
not to be over-simplified to the point of confusion. If FSA wishes
to influence people's dietary choices then this is most effectively
achieved through public education and not by manipulating choice
through food labels.
2.1.4 Consumers are becoming increasingly
interested in the functionality of foodstuffs and the soft drinks
industry wishes to label products so that specific nutrient or
health benefits can be communicated. The industry has no intention
to mislead or misrepresent products and believes that all claims
must be substantiated. Nonetheless, providing essential safety
and labelling provisions are respected, it believes that all foods
should be permitted to carry justified nutrition or health claims.
2.1.5 Soft drinks in the UK have been fortified
for more than one hundred years and have been appreciated by generations
of consumers. They enable people, particularly certain segments
of the population, to enhance nutrient intake through the foods
which they normally eat and enjoy. BSDA is concerned that, should
restrictions be placed on the ability to make nutrition or health
claims, that fortified products might be curtailed to the detriment
of consumers.
2.2 The Safety of foods
2.2.1 Food safety should be every manufacturer's
foremost priority. It is the producer's responsibility to produce
safe food with the label providing information to the consumer
so that it can be consumed safely. It is very important that the
consumer understands the importance of storing, preparing and
consuming food safely and, in addition to providing the legal
framework for production standards and enforcement, Government
needs to ensure that consumers receive adequate advice and education.
2.2.2 It is also crucial that Government
support the regulatory framework for food safety and inspire public
confidence in this framework in its communications. For example,
when questions arise about the safety of additives which have
been authorised for use in food, it would be judicious for the
Food Standards Agency to confirm their safety in use. This would
help to educate consumers and allay fears which often arise from
ignorance. The lack of clarity in official statements—or
the absence of any statement—allows concerns to proliferate
without justification.
2.2.3 Risk communication is another area
where Government should review its approach. There is little point
in public pronouncements which are meant ostensibly to allay concerns
about risk and then suggest that consumers might choose not to
consume the food in question. This is gratuitous, ambiguous and
raises doubts that food is safe. Food choices are always up to
the consumer and there is no need to state the obvious: it is
Government's role to assess and manage risk.
2.3 The means of production
2.3.1 Providing information on means of production
can be useful to consumers in making food choices. However, it
is crucial that there are agreed uniform and meaningful definitions
for these terms and that these are understood by consumers. Where
use of the term "organic" is concerned, BSDA believes
that the setting of standards and certification procedures should
be harmonised and delegated to a single, impartial entity. As
things stand, different certification bodies set different standards
which means that the term "organic" has no uniform meaning.
2.4 Ethical considerations
2.4.1 BSDA has participated in the development
of a Code of Practice in relation to Ethical Trade in fruit juice
which is now being piloted by the European fruit juice industry's
raw material assurance scheme. This is designed to demonstrate
the industry's commitment to Corporate Social Responsibility and
to promoting good labour practices in countries which provide
raw materials. Such schemes are not easy to implement or enforce
and have to take account of the prevailing economic conditions
in the country concerned. Nonetheless, is it the intention to
address consumer concerns in the EU about labour standards and,
importantly, contribute to the improvement of standards.
2.5 Trade in food
2.5.1 As far as possible, BSDA wishes to
have internationally harmonised rules for food labelling so that
foods can be traded without hindrance. It is nonetheless recognised
that foodstuffs and their denominations can vary from country
to country and that international uniformity is neither possible
nor necessarily desirable. Supplementary labelling should be considered
acceptable in order to provide consumers with appropriate information
to make purchasing choices. This could avoid barriers to trade
caused, for example, by national compositional standards.
2.5.2 One area of particular concern to
BSDA is the language of labelling and the consumers' ability to
make purchasing choices if a food is not labelled in a language
which they understand easily (as specified in UK and EU labelling
law). This is particularly important for consumers who wish or
need to avoid certain ingredients and for them to understand important
information such as best before dates, conditions for storage
and safe consumption and contact details for the person responsible
for putting the product onto the market. UK Courts have ruled
that products sold in the UK should be labelled in English and
BSDA would like UK regulators and enforcement agencies to take
stronger action against imports which are not labelled correctly.
Whereas UK manufacturers are subject to strict control and expected
to withdraw products which are improperly labelled, the same standard
is very seldom applied to imports. Crucially, the Food Standards
Agency needs to explain how it would deal with the recall of products
in the event of a safety issue when the name of the distributor
is not known and brands have been imported without the consent
of the brand-owner.
3. FINAL COMMENTS
3.1 The labelling, advertising and promotion
of foods are highly regulated and subject to frequent amendment.
Often manufacturers are criticised for the way food is labelled
when they are actually complying with what has been prescribed
by the regulator. It is therefore important that the regulator:
— educates consumers so that they can
understand food labels and use the information to make informed
choices;
— recognises that the amount of information
which can be included on a label is finite and that information
can be provided by other means;
— takes account of consumer requirements
and understanding when devising new rules;
— seeks to enforce existing rules rather
than introduce yet more rules to compensate for inadequate enforcement;
— has an adequate evidence base to
justify proposed measures;
— ensures that labelling rules are
coherent and meaningful to consumers;
— subjects proposed labelling changes
to a cost-benefit analysis.
On a practical note, industry would urge Government
to synchronise labelling changes so that these can be introduced
rationally, cost-effectively and with adequate lead-time.
2 April 2004
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