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THE BENEFITS OF VOLUNTARY

SELF-REGULATION
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Words by CliffordFlax

Introduction

The Australian govemment and various Australianhealfriindustrybodies have recently taken steps to regulate the way food companies promote their products and help consumers protectthemselves
agairLst'junkfood' marketing. Inari

concern^Iatjunkfood advertising is responsible for AUStraha's growing

childhood obesity rate.
In addition, the Australian

in the takeawayfoodenvironmentand in February 2012 an advertisement for

Paddle Pop, which aired triprograms

popularwiffichildren, was withdrawn

government andhealthindustry
bodies have introduced initiatives to

after the Advertising Standards

assist consumersTespond to junk food

marketing. A'Fast Choices'Ieoislation wasrecentlyintroduced in New South

Board found that it did not positively

encourage good eating habits or

effort to pre-empt and, to a degree, controlthe wayttiey are regulated, food companies havevoluntarily
adopted measures to providealternative food choices and promote healthier consumption by the foodindtistry

physical activity.
hiresponse to concerns aboutfat-free

Wales, which requires fastfood and

beverage chainsto display the average

energy content offo0ds oninenus,

claims made mrelationto foods high in sugar and energy that donotnormally
contat!fat, FSANZrecently called for subihissions on a draft nutrition,
health and related daimsstandard to

price tags and labels. The Obesity Policy Coalition released a smartphone application with a traffic light system
for processed foods. The NSW state
government released awebsite anda

regulation Overtlte lasttwo years the Australian

Government andindustry

regulate voluntary statements made

by manufacturers about^Ienutritional
contentoffood.

mobile phone application toprovide

............

government and health industry bodies

haveemployedanumberofmeasures to regulate the consumption, sale and marketing of certain types offo0d products. For example, the Australian
..
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increased consumer clangreness grid choice could responsibility of/bod choices hack to consumers

National Preventstive HealthAgency wasestablishedtohelp the government

promote health and reduce health risk

also benditfood companies by shiffing

inequalities. The federal government

hasalso relied on publiceducation

campaignssuchasits'Swap It Don't Stop It to improve AListrahan diets. On a legislative level, proposals for statutory bans oninarketinojunkfood

users with intorination on the amount

of kilojoules they should be eating to

maintain orlose weight.

to of itIdrenwere putforwardbythe
Obesity Policy Coalition and the Greens.

TheNSW Cancer Councilptiblished a Fat Free TV guide, ranking television

showsinorder of the amountof junk food advertisements that run

FoodindustLyresponse In response to these developments and shitting attitudes towardspromodrig

healthylifestyles, a number offo0d

companies have opted to selfregulate.

Forexample, a number offo0d

While none of these proposals have been accepted to date, they attest to the burgeoning status of the widelyheld
............,......
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during each show. The National

HeartFoundation announced plans to withdrawits "Tick"licensing program

.......... ............... .............

coinpariieshavesignedup to one or more of the several voluntary

initiatives providing frameworksfor fr, e

promotion of healthy dietary infestyles

........... ..............

4, ;a FOOD AUSTB, .ALLA

..........,..........

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to Australian children on television and

other forms of media. Theseindude the Australian Association of National

introduced a healthier choice happy meal. Hungry Jacks added cups of

modified. Furthermore, coinparrtes that selfregulate could lose their competitive

Advertisers(At^. NA) Food and Beverage Code, anNACodeforAdvertising andMarketing Communications to

vegetables to theirmenu and changed its advantage agarist suppliers who do tag!me from "the burgersatebettef'to notvoluntarily subject^Iemselvesto
"}'{ungryjack's makes it better" to reflect sirhilar restrictions.

the brand'schangeindirectiontowards Cruciany, voluntary selfregulation

annorehealttLconscious approach.
of global targets aimed at improving could alsobeviewedasacceptance

Chndren and the Responsible Children's Marketing hanative of the Australian

Foodai\dBeveragelndustry.
Views on the effectiveness of these

Marsrecentlyarmouncedanlimber by foodcompaniesofadegreeof
responsibility for health issues allegedIy

voluntary self-regulatory measures are divergent. ACMArecently reported

that the adoption of these codes

have made little orno difference to

children's actual exposure to junk food advertising. The AFCC disagreed, stating that industry self-regulation to reduce advertisements for high fat, sugar andsaltfoods aimed at children "is categoricalIy working in Australia". Regardless of the actual impact, the readiness with which majorfood companies have voluntary adopted these measures illustrates the emphasis food companies place on being aligned with responsible productpromotion. Additionally a number offastfood and confectionery companies have chosento adoptmeasurestoprovide healthier options andpromotehealthier consumption. McDonaldsreduced sugar contentin theirbunsto five per cent, decreased muffinportionsizes and

healthandnutritionincludingputting caused by consumption of their energy labelling on the front of chocolate products. This could pose anskto the andcoritectioneryproductpackaging, industry if, assomepredict, .foodrelated elirinnating almost antransfatfrom their healthissues, suchas obesity, become chocolate products, notmarketingfrieir the subject offurnreAustt'ahanproduct chocolate productsdirectlytodiildren liability fitigation. Suchlitigationhas under 12 andnotshipping any chocolate alreadybeenbroughtinfr, eSupreme
products that exceed 250 calories per portion by the end of 2013.
In line with this trend, in February
Court of NewYorl<and the Columbia

District Court against McDonalds and

KFC, respectively. On the other hand, voluntary self

2012 Coles announced^Iatthey had stripped artificial colours and MSG

from its private labels.

regulation also offers anumber of potential benefits to food industry

members. It affordsfood coinparites

Impact of self-regL{Iation
Orione}land, food companies may
viewvoluntary self-regulation as

abackwards step. Voluntary selfregulation could be seento create the perception that food companies are riot onlymaUeable to public pressure, but that they concede that their products and marketing practices should be

greater autonomy and flexibility in the way theirbusiness practices are modified. By offering a greater range of products to choosefrom, food coinparLies could expand theirtarget
market, which could lead to increased

profits. Furthermore, a company's proactive approachto selfregulation

could be an attractive selhiig point

to potential consumers who could in

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FOODATISTR^ALLA4S

tombenefitfrom being provided with

measures could ultimately benefitfood

FoodsiandardsAustra!Ia andNewZealand, CallFor

healthier eating optioris and more detailed information on the products.

This increased consumer awareness

companies by encouraging consumer

confidence, increasing profits and

Submissions on DraftNutrition, Health and Related

and choice could alsobenefitfood

reducing the riskthatcompanies be held responsible forthe actions

of consumers. @

ClaimsStandard (17February 2012). AUStratianCommunications and MediaAuthori^,, 'Industry self-regulation offo0d andbeverage advertising to children; ACMAmoriitoringreporE,
December 2011.

companies by shifting responsibility

for food choices backto consumers,

potentiaUy mintmising thenskof future successful productliabihty

danns. Tobacco companies, at first resistantto governTnentimposed

AustralianFood and Grocery Council, "industry code ontood advertising is working"(70ecember 2011)

References:
AustralianNationalPreveniaiive HealthAgency, Austinli"n National Preue"!"fineHe"!th Agency (2012). Department of Health and Ageing, Eric Urges Austin!*Iris to Sumplt Don't Stop in (13March2011) Swap It Don't Slop re Mackay S, Antonopoulos N, Martini, SLvinburn B, Acornpreheiisi"eAppro"ch toprotecti"g Childrenj*Gin Unhealthy Food Ad"ertisi"g rind Promotion, Obesity Policy Coalition, Melbourne, 2011. Protecting ChildrenfromjunkFood Advertising
(Broadcast and TelecommunicatiotrsAmendment) Bnl 2011 red'I).

McDonald's Australia "OutFoodand Nutrition:Ifs

labelling legislation, later argued that health warnings on cigarette packets provided smokers with enough
intoTination to assume responsibility

all about quality". KFCAusiralia, "KFC Australia First to Remove Toys from Children's Meals"(25 August20U) Hungry jacks, "Smart Picks". Kwan, B, "Hungry JacksAdopts'Better' Tagline", Marketing MRS"zi"e(18 October 20n)
Mars, "Health and Nutrition: introduction" (2012). Coles, 'NOAddedMSGorArtificialCo!ours in 100% of Co!esBrand Foodand Drink Products'(Press

for accepting the health risks allegedIy

caused by smoking.
Conclusion

Release, 22 February 2012).

Pel, """ a MCDun, Id^ Corp. , No. 02 Civ. 7821, 2003 U. S

Dist. LEXIS 15202, 2003 WL 22052778 (Sri. N. Y Sept

3, 2003)

NSW Government Ministry of Health, Obesity

FoodAmendmentAc*2010N0108(NSW). Alsosee:

AttiturHoy*e, M. D. vYum! Brands, Inc. d/h/a KFC,

June 13, 2006

Throughvoluntatily adopting robustself

regulatory measures, food companies

maybe able to exercisea degree of controloverthe way they do business and avoid prescriptive intervention by the Australiangovernment. hikight 'of the potential shifttowards holding the food industry accountable for consumption-related health claims, the
voluntary adoption of selfregulatory

NSW Food Authority, "Fast Choices User Guide: Nutrition jabeUing for standard food outlets". Obesity Policy Coalition, 'Take Action: Traffic Light FoodTrackerApp" NSW Government, "8700 ReasorE to Change the Way
YouthnkAboutFastFood' O March 2012) Cancer CouncilNSW, "FatFree TV Guide"(2012).

Cliffoi. d FIRx is 1/11 Associate at Norton Rose

HeartFoundation, 'Chn"ges to Hear!Foundqtio" Tick (Press Release, riseptember 2011). Advertising Standards Bureau, Complaint Reference
Number 0454/11, ? December 2011

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