Tag Archive for: Childhood Obesity

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We presented an amicus curiae in defense of the right to health and food in Colombia

With FIC Argentina, we presented an amicus before the Constitutional Court of Colombia within the process of guardianship established by the Colombian Corporation of Fathers and Mothers (Red Papaz) against the Superintendence of Industry and Commerce (SIC) and the National Institute of Drug Surveillance and Food (INVIMA), bringing legal arguments in defense of the right to health and balanced nutrition of children and adolescents (NNA).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On January 21, Red Papaz requested the Constitutional Court of Colombia to review the decisions issued against it, in the framework of the actions filed against the SIC and INVIMA to review the accuracy of the advertising of HIT drinks of Postobon and Fruper of Alpina, considering that the procedures related to the protection of children and adolescents are not being prioritized.

The reported commercials contain deceptive and risky messages. Fruper of Alpina in its advertising highlights that the drink is ideal for children, with vitamins and minerals that contribute to their health and growth. Message contrary to reality, since, as researched by Red Papaz, it contains approximately ten times the level of sugar recommended by the Pan American Health Organization (PAHO). On the other hand, Hit of Postobón, emphasizes that its product comes from fruits, reason why to consume them is advisable for the health of the NNA. When in truth, it has a very small amount of fruit, for which reason, it is not possible to affirm that they are recommendable or ideal for children, or that they can be called as juices.

The deceptive advertising of unhealthy food products addressed to NNA that Red Papaz denounces, promotes the “obesogenic environment”, that is, an environment that promotes obesity in populations and responds to the role played by environmental factors (physical, economic, legislative and sociocultural) both in nutrition and in physical activity. The influence of the environment on food and physical activity is essential. Practices, knowledge and beliefs and socio-economic and geographical differences affect habits.

Hence, we made a presentation approaching the court grounds that seek to prove that the absence of complete, clear and accurate responses by the SIC and INVIMA, in the face of the denouncement of misleading advertising, mean a violation of human rights obligations to health, information and a balanced diet, especially of children and adolescents. While the Colombian state fails to comply with the recommendations of monitoring bodies of the Human Rights Treaties, ratified by the latter, on how to deal with the epidemic of obesity and chronic noncommunicable diseases (NCDs). At the same time they weaken the possibilities of responding to a global epidemic of malnutrition and obesity.

Finally, scientific evidence was presented regarding the positive impacts of this type of policies that promote the restriction of advertising and marketing of unhealthy foods, among a set of policies that, when implemented correctly, are effective in generating healthy environments and preventing development of obesity and malnutrition.

We made the presentation convinced and convinced that a favorable resolution in this regard, attentive to the great impact both globally and regionally that these judicial processes have, would generate a valuable jurisdictional precedent on the important theme of healthy eating.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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National government seek to agree a new model of food labeling

In a context of alarming prevalence of childhood obesity and overweight, Argentina aims to move towards a new model of food labeling. The Ministry of Health and the Ministry of Production seek to agree on the model to be followed in our country.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

At the national level, according to the World School Health Survey (2012), in the last five years, in the group of adolescents aged 13 to 15 years increased excess weight from 24.5% to 28.6%. In turn, the prevalence of obesity increased from 4.4% to 5.9%. The seriousness of the current situation of overweight and obesity in Argentina and in particular the fact of seeing alarming trends among children and adolescents urgently requires health protection policies.

Among them, the advance towards a system of frontal warnings in food products with a high level of critical nutrients (sodium, sugar and fats) is a step in the direction of recommendations by specialized health protection organizations. These measures already have the support of scientific evidence from countries such as Chile, where the warning system has been in force for several years. The Ministry of Health itself recognizes it as the most effective system in its report on frontal nutrition labeling of food published at the end of 2018. In the same sense we have pronounced together with the National Coalition to Prevent Childhood Obesity in Children and Adolescents.

It is very important that the limits to establish these categories are based on guidelines such as the Nutrient Profile of the Pan American Health Organization (PAHO). Based on the experience of other countries, it is expected that the food industry press so that the content levels to which these warnings apply are very high. Therefore, it is important that it be based on guidelines from a specialized public health agency such as PAHO.

Recently, the current Secretary of Health of the Nation said in the Clarín newspaper that a dialogue has been started with the Ministry of Production to reach a food labeling model that informs the population about the content of critical nutrients (sugar, fats, sodium), and that in turn alert when those nutrients are present above the recommended amounts. The combination of a warning system with other labeling modifications to provide better information on all products in general can be positive as long as it is supported by scientific evidence.

In addition, it is important to keep in mind the interests of the different institutions that participate in these dialogues. In a public health crisis, the criteria that must be prioritized are those that protect the right to health and not so much the economic interests that are channeled through dependencies such as the Ministry of Production. In the same sense and from civil society, attention should be paid to possible conflicts of interest that may exist. For example, in the aforementioned Clarín note, the Center for Studies on Food Policy and Economics (CEPEA) is mentioned, which in the report of the Ministry of Health confirms that it receives financing from the food industry.

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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“Precios Esenciales”: a measure that threatens the right to health

We are against the “Precios Esenciales” program recently launched by the national government. This plan negatively impacts on the rights to health and adequate food and, consequently, we demand its redesign from a human rights perspective that contemplates the standards proposed by international organizations.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On April 22, the national government launched “Precios Esenciales”, a program that contemplates a freezing of prices of 64 products of the basic basket divided into 14 categories, for 180 days. The same would be available in more than 2550 points of sale and the products would have to be identified with a sign similar to the one that identifies “Precios Cuidados”.

We analyze the program putting in tension the following points: the integral approach and the methodology used to establish the basic basket; the way in which this program is structured; and the communication strategies of the national government in these matters.

In the first place, given that the plan contemplates products from the basic basket, it is necessary to rethink the methodology with which it is elaborated. Thus, serious public policies should be planned inter-institutionally and with a cross-cutting approach of human rights, integrating international standards proposed by international organizations such as the Pan American Health Organization (PAHO) and the United Nations Organization for Food and Agriculture (FAO). It is stated that this program does not take into account the recommendations and standards on healthy eating set by prestigious health organizations and human rights organizations. On the contrary, it seeks to deepen an obsolete model of thinking about the feeding of the population in detriment of the effective enjoyment of the human rights of the citizens who are in worse economic situation. In addition, it is estimated that these plans should reflect the regional, environmental, and economic-social diversity of each of the Argentine provinces within our federal system of government.

Secondly, it is clear that around 50% of the food products that make up the plan fall into the ultra-processed category and almost 40% are optional foods or alcoholic beverages. In this way, they warn that the policy of “Precios Esenciales”, theoretically aimed at containing the inflationary process and reducing its impact, could be promoting the purchase of low-nutritional foods and alcoholic beverages. Given the worrying scenario of excess weight in the population, it is considered necessary that, on the contrary, the State advance with regulation based on scientific evidence that seeks to discourage the consumption of unhealthy products and encourages the consumption of foods with high value nutritional.

Third, emphasis is placed on the importance of communication to the population on these issues and, particularly, on the use of front labeling; which, according to numerous studies, is the most effective in identifying products with a high content of critical nutrients, providing better information in a short time to consumers and favoring the selection of healthier foods. Likewise, this type of labeling is prioritized because it is the most understood by children, adolescents and people with a lower educational level, which is central to contemplate the perspective of inequity in public policy and protect especially the groups in the most vulnerable situations. vulnerability, who are the ones who suffer from obesity, malnutrition and chronic diseases in general.

For the reasons stated, we demand:

1.- The basic basket is redesigned with a focus on human rights that integrates the standards proposed by international organizations, reflecting the regional, environmental and economic-social diversity of each of the Argentine provinces within the framework of our federal system of government .
2.- Progress with regulation based on scientific evidence that seeks to discourage the consumption of unhealthy products and encourages the consumption of foods with high nutritional value.
3.- Emphasis on communication to the population regarding these issues, using the strategy of front labeling.

Click to see the complete pronouncement about “Precios Esenciales”

Authors

Lucía Pereyra

María Victoria Gerbaldo

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Healthy school environments: a key policy in the fight against childhood overweight and obesity

The Ministry of Health of the Nation published a document that condenses a series of recommendations for the implementation of policies to prevent overweight and obesity in children and adolescents (NNyA) in educational institutions. It is extremely necessary that these recommendations become effective public policies.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

This Thursday, March 21, at the Secretary of Government of Health, the presentation of the Document of Standards of Healthy School Environments was carried out.

Overweight and obesity worldwide make up a serious public health problem that has acquired pandemic characteristics, which currently shows a worrying upward curve in children and adolescents. In our country, according to a recent report published by the Secretary of Government of Health in collaboration with UNICEF, overweight and obesity in NNyA represents the most prevalent form of malnutrition.

Currently, many children and adolescents grow and develop in “obesogenic environments”, that is, environments that encourage the excessive consumption of kilocalories and critical nutrients such as sugars, fats and sodium; In addition to offering multiple barriers to the development of physical activity and encourage sedentary behavior. Thus, the lack of regulation that promotes healthier environments has favored the growth of overweight and obesity in recent decades.

The objective of the document published by the country’s highest health authority is to establish standards that guide the process of enacting laws and implementing effective programs aimed at transforming current “obesogenic school environments” into “healthy school environments.” Given that the educational institution is a privileged scenario to promote health and the development of a healthy diet and lifestyle, it is considered essential to promote healthy school environments through comprehensive regulation that defends the rights of children, girls and adolescents and that it provides them with substantial protection.

Specifically, the Ministry of Health recommends the development of school environment regulations that revolve around two main areas: healthy eating and physically active school.

For the promotion of a healthy diet in school, school canteens must comply with the established nutritional criteria and with the standards of preparation and food service. Therefore, it is of the utmost importance that the cooks and kitchen assistants are constantly trained in topics related to the tasks they perform.

In addition, it is essential that the school implements a Food and Nutrition Education (EAN) strategy, and that it promotes healthy eating habits in the dining rooms. Likewise, a school infrastructure must be guaranteed that facilitates access to a healthy diet and, essentially, to safe water. In regard to healthy eating, it is also essential to regulate the sale of food and beverages within educational establishments -of all levels and modalities- and, to that end, ensure that the school is a space free of advertising, promotion and sponsorship of food and drink.

Likewise, and given that the school institution is the most important institutional actor in the promotion of physical activity in childhood and adolescence, the aforementioned organism considers that the school should facilitate access to the practice of physical activity, both in the formal and not formal, and install healthy and active habits, incorporating these topics in teacher training, ensuring accessibility and security in the spaces, with a view of inclusion.

We consider that the technical recommendations of the Ministry of Health for the design of healthy school environment policies are adequate to protect the right to health of children and adolescents. Guaranteeing healthy school environments constitutes an obligation assumed by the State and an opportunity to articulate with social and academic actors. The effective implementation of this policy is an objective that can only be achieved through an intersectoral articulation of different government actors (such as the Health, Education, and Social Development sectors, among others) and through a continuous process that guarantees the sustainability in the implementation and monitoring of measures.

More information

Sobrepeso y obesidad en niños, niñas y adolescentes según datos del primer nivel de atención en la Argentina (2018), Secretaría de Gobierno de Salud. 

GUIA DE ENTORNOS ESCOLARES SALUDABLES. Recomendaciones para la implementación de políticas de prevención de sobrepeso y obesidad en niños, niñas y adolescentes en las instituciones educativas. (2019)

Author

Lucía Pereyra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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More than 15 Latin American countries requested presidents measures to protect health

During the VIII Summit of the Americas that took place in Lima, Peru, presidents of the region discussed corruption, the governance of our peoples and economic and social sustainability. For the first time at the Summit, health is on the agenda.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Corruption, obstacles to democratic governance, lack of transparency, and difficulties in implementing public social policies are all factors that negatively impact the health systems of the region and conspire against the development of the communities of the Americas. The four main noncommunicable diseases (cardiovascular, cancer, diabetes and chronic respiratory diseases) are the main cause of disease, disability and preventable death in the world in general and in the region of the Americas in particular. They are responsible for 70% of deaths.

The costs of these diseases constitute a significant burden for health budgets and national economies. These diseases reduce economic productivity, overload health systems and promote individual and family poverty. It is not possible to build a sustainable and functional economy if disability and premature deaths due to NCDs remain so high and costly for governments.

That is why civil society organizations in the region, based in the Healthy Latin American Coalition (CLAS), asked presidents present at the Summit to implement concrete measures to protect the health of the population without the interference of the industry. These measures include fiscal policies that increase the price of unhealthy products (cigarettes, sugary drinks, among others) to discourage consumption; the implementation of front labeling in foods that provide clear and useful information to consumers, among others. In parallel, CLAS asks presidents to make an appointment with health and attend the UN High Level Meeting on NCD on September 27, 2018 in New York City.

About CLAS

It is an alliance of more than 250 non-governmental organizations in Latin America whose purpose is to prevent and control non-communicable diseases (NCDs) in this region. Its members include medical societies, patient organizations, health NGOs, consumer NGOs, religious and academic entities. Founded in March 2011, it is aimed at reducing inequality, promoting human rights, and promoting effective policies with an impact on the risk factors and determinants of NCD. Its objective is to strengthen the action of civil society to prevent and control NCDs in the region through political advocacy, education, awareness and research, at the national and regional levels, so that effective policies are implemented, in line with the objectives of the United Nations (UN) and PAHO-WHO. It is an initiative of the Inter-American Heart Foundation.

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Introducing amicus curiae to defend the right to information and health

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

On August 10, we made a presentation before the Colombian Constitutional Court to clarify the content and scope of the fundamental right to health. An amicus curiae (friend of the court or friend of the court) is a presentation made by a non-litigious third party, where he voluntarily offers an opinion on some aspect of law, to collaborate with the court in the resolution of the litigation.

The Colombian Association of Consumer Education (Educar Consumidores) launched in August 2016 a campaign called “Take care of your life – Tómala en Serio”, which sought to provide information on the harmful health consequences of regular consumption of certain sugary drinks. In the framework of this campaign, a video was broadcast on television and on radio that showed the high sugar content of these beverages, connecting these behaviors with health complications such as diabetes or obesity, which occur both in Colombia and throughout Region of Latin America. Postobon S.A., a sweetened beverage company from Colombia, denounced this video before the Superintendency of Industry and Commerce (SIC). As a result, the SIC prohibited by resolution 59176, the dissemination of the commercials alleging that it was “misleading advertising” for not having scientific or medical support for their assertions.

Resolution 59176 issued by the SIC ordered Educar Consumidores to cease the dissemination of the commercial. Also, it ordered to send to the office of the Delegation of Research and Consumer Protection of the SIC, any advertising piece that in the future wishes to transmit on the consumption of sweetened beverages (BBAA) before its publication. This restriction would apply to any medium of communication, including social networks; And the SIC established it with the objective of exercising prior control over it and deciding whether to authorize its publication and dissemination or not, under penalty of fine.

Faced with this situation, Educar Consumidores filed a lawsuit claiming for violation of its freedom to express itself in a matter of public interest. At the same time, Dejusticia filed a supplementary legal action claiming that the resolution of the SIC violated the right of consumers to access relevant information. After different instances and a very good decision of the Supreme Court of Colombia that was already commented by FUNDEPS, both cases were accumulated by the Constitutional Court. In this instance, the Constitutional Court will have the opportunity to clarify the limits of the commercial discourse and its differences with the awareness campaigns. At the same time, it may raise the relevance of access to information to ensure the right to health and to make consumer decisions with adequate information.

The amicus presented together with FiC Argentina provides arguments of international human rights law that we consider relevant for the resolution of the case. With this intervention, we hope to contribute to the solution of a case that we consider to be of extreme importance for both Colombia and the rest of Latin America. Judicial processes like this have great repercussions both globally and regionally, as they generate valuable jurisdictional background on the important issue of healthy eating.

The foundations of the amicus curiae seek to demonstrate that the measures adopted by the SIC resolution mean a violation of human rights obligations at different levels, while weakening the possibilities of responding to a global epidemic of malnutrition and obesity. On the one hand, it violates the freedom of expression of a civil society organization, it is even a clear prior censorship regarding its action in the public sphere. It also implies a violation of human rights obligations as it violates the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different bodies and specialized offices such as CDESC, CRC or rapporteurs for the right to health or the right to food have pointed out that the obesity epidemic is definitely a human rights problem affecting a vulnerable population: children And adolescents.

From FUNDEPS and FIC Argentina we believe that this decision will have relevance both within Colombia and at the regional level. The growth of obesity – with a particularly strong impact on children and adolescents – and the strong presence of advertising strategies in the food industry are repeated throughout the region. Chronic noncommunicable diseases are the leading cause of death in the world. It is the duty of the State to respect, guarantee and protect the rights of its citizens, especially when dealing with fundamental issues such as the protection of health. Therefore, the decision of the Court in this case will be important beyond the borders of Colombia.

More information

– Amicus Curiae presented at Colombian Constitutional Court

Author

María Victoria Gerbaldo

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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First meeting of the National Commission on Healthy Eating and Obesity Prevention

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

The main objective of the meeting is to inform about the lines of action that the Program develops and to propose strategies for the joint work. This Commission was established on the basis of Resolution 732/2016 that determined the creation of the National Program of Healthy Food and Obesity Prevention in the scope of the Direction of Promotion of the Health and Control of Noncommunicable Diseases.

At the beginning of the event, Dr. Adolfo Rubinstein (Secretary of Health Promotion, Prevention and Control of Risks) and Dr. Verónica Schoj (Director of Health Promotion and Non-Communicable Chronic Diseases) speak. Veronica Risso Patrón (Coordinator of the National Program for Healthy Eating and Obesity Prevention) explains the Commission’s working proposal: thematic and modality of work, schedule, expected products. Finally, the signing of declarations of conflicts of interest takes place at the meeting.

It is expected that the Commission will work through voluntary advisory subcommittees on different topics: food reformulation, nutritional profiles and front labeling, marketing and advertising of foods, promotion and healthy school environments.

Childhood obesity is a problem with serious health and economic consequences that is increasingly affecting low- and middle-income countries and the most vulnerable sectors of the population. At present, there are about 41 million children under 5 years of age who are overweight or obese, of whom more than 80% live in developing countries. We celebrate these kinds of initiatives that represent an opportunity for the debate and the coordination of efforts of multiple actors of society. We also emphasize the importance of including and ensuring the effective participation of organizations from different provinces that account for the specific and specific reality of each one, and allow progress towards the construction of a federal policy on healthy eating.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

The Court of Colombia removed a censorship on a pro-health campaign

The decision null and void the prohibition on “Take it seriously”, an operation aimed to make people aware of the impacts of the sugar-sweetened drinks. It sets a precedent on the defense of the information, health and food rights.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic.”

Bogotá.- “Don’t hurt yourself”, announces the commercial of “Educar Consumidores” that exposes the consequences of the excess of sugar on the human being. However, after a complaint from Postobon –one of the biggest companies in Latin America- the Industry and Trade Superintendence (SIC) ordered the immediate suspension of the whole campaign, for “misleading advertising”.

Last April 5th, the Constitutional Court of Colombia left with no effect the resolution and for the first time were recognized the rights to access to food and health-related information.

Educar Consumidores is a non-profit civil society organization that in September of last year launched the campaign ¨Cuida tu vida – Tómala en Serio¨. It is intended to show the health consequences of drinking. After the complaint, SIC prohibited the dissemination of commercials claiming to be “misleading advertising” because they did not have scientific or medical support, although the issuing organization forwarded the documents that supported their claims.

The ban constituted a violation of freedom of expression, the right to health and the right to information.In response to this situation, one of the judicial authorities, one of the agency issuing the campaign, focused on its right to freedom of expression, and another from Dejusticia along with a coalition of NGOs, focused on the right of access to information.

The second action was rejected in first and second instance until arriving at the Constitutional Court of Colombia, which ruled in favor of. The Court argued that the SIC should have allowed consumers to participate in a decision affecting them, and that it had not violated their right to the process.In addition, he referred to the right of users to make decisions based on informed consent, and the importance of accessing the information for it to be configured. Likewise, the Inter-American System and the United Nations Protection System, Colombia has an obligation to respect the rights enshrined, and in this case, the SIC failed to comply with this obligation.

From FUNDEPS we accompany actions such as Educate Consumers who seek to empower people to make informed decisions. We also welcome the provision made by the Colombian justice system. Chronic noncommunicable diseases are the leading cause of death in the world. It is the duty of the State to respect, guarantee and protect the rights of its citizens, especially when it comes to fundamental issues such as the protection of health.

More Information

Commercial Consumer Education

Authors

Maga Ailén Merlo Vijarra, Federico Piccioni y Agustina Mozzoni.

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Maga Ailén Merlo Vijarra – magamerlov@fundeps.org