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The fight for decent food in Argentina: perspectives and challenges

In situations of multidimensional crisis, such as the one our country is going through, those who suffer the most are the lower-income sectors and, in particular, girls, boys and adolescents. The withdrawal of the State and economic deregulation imply greater lack of protection. Guaranteeing the basic right to adequate food, in this context, becomes urgent. So we ask ourselves again: what can and what should we demand from the State in terms of food? Does it make sense to question what kind of food we want in our pots? Or do we have to settle for “what there is”?

“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”.

In Argentina, inflation continues to rise. The index of the Social Debt Observatory of the UCA (Argentine Catholic University) showed that the population that does not cover its basic food needs went from 9.4% at the end of the third quarter of 2023, to 15% in January , and that poverty affects 57% of the people in this country. In turn, Indec reported that the Basic Food Basket (BCA) increased 18.6% in January and 296.4% in the last twelve months, above inflation (254.2%). While, according to the Neighborhood Price Index (IBP) of the Social, Economic and Citizen Policy Research Institute (ISEPCi), food prices increased by up to 69.7% since last December. These figures reflect a noticeable increase in indigence and poverty.

To this information, we add that which already alerted us: the quality of life of the Argentine population has been progressively deteriorating. 73.4% of deaths are due to Chronic Non-Communicable Diseases, these are responsible for 52% of the years of life lost due to premature death and 76% of the years of life adjusted for disability. Proper nutrition is one of the main risk factors.

Despite the statistics and the context, the national government, a few days before the start of the year 2024, decided to completely interrupt the supply of food to soup kitchens. Numerous organizations daily denounce that “the pots are empty”, “the food emergency is urgent and necessary” and “there is no freedom when there is nothing on the table”, as well as the double burden they must bear: at times when they least have to offer, is when more people come looking for a plate of food.

This framework encourages us to reflect on the minimum conditions that we must guarantee, such as life and human dignity, for it to make sense to talk about rights such as freedom. Also talk again about the role that the State must play to guarantee these rights. The notion that a present State is necessarily abusive collides with what reality exposes: rights lack satisfaction in the absence of a State that ensures their protection through effective policies.

Food is one of the most basic human needs and is closely linked to people’s life and health. Given its essential and indispensable nature, it was recognized as a fundamental human right in various international human rights treaties that today enjoy constitutional hierarchy in our country. This normative consecration gives rise to imperative and enforceable legal obligations on the head of the State to: respect, protect and guarantee the effective fulfillment of this right.

Food policies in Argentina

In our country, food problems, unfortunately, are not new. When doing a retrospective analysis, it is possible to observe in different historical periods great crises and political tensions regarding the role of the State as guarantor of this right.

Prior to the constitutional reform of 1994, the development of the right to food was largely subordinated to labor law and the living wage, since a privatized reading of food rights and obligations prevailed. However, in the 1980s a different political-social approach began to take hold. Given the context of need that was experienced after the years of military dictatorship, people began to talk about a food emergency, a paradigm based on welfare policies that has prevailed to this day.

Its regulatory consolidation occurred in 2002 when, in response to one of the most acute crises that our country has suffered, the National Food Emergency recognized by Decree No. 108 (01/15/2002) was declared, which has been extended without interruptions until current situation, and which was arranged in order to meet the basic food needs of the population in conditions of vulnerability and with subsistence risks.

Shortly thereafter, Law 25,724 on the Declaration of National Food Emergency was passed, which instituted the National Nutrition and Food Program, known as the National Food Security Plan “The Most Urgent Hunger” (PNSA), intended to cover the minimum nutritional requirements of groups in situations of extreme vulnerability. This law constitutes to this day the main food policy of our country.

From the food emergency to adequate nutrition

More than 20 years after its entry into force, there is plenty of evidence and bibliography to account for the important limitations and deficiencies presented by this paradigm, which limits the treatment of the food issue to a basic level of satisfaction of minimum caloric needs. And, therefore, its inability to generate structural transformations that allow progress towards a state of food security and sovereignty. Also the serious impact on health that can imply that the food programs that have been established, both at the national and provincial levels, do not have good nutritional criteria and standards. This has to do with the fact that emergency strategies tend to ignore the multiple facets that the food problem encompasses in its complexity, including the so-called “triple burden” of malnutrition: hunger and malnutrition, generalized deficiency of micronutrients and malnutrition due to excess. This needs to be addressed as a health problem linked to the consumption of ultra-processed food products with excess critical nutrients.

This lack came to be questioned by Law 27,642 on the Promotion of Healthy Eating, sanctioned in 2021.

The extensive legislative process that was promoted to achieve the enactment of this law generated a fundamental movement in the public debate on food in our country. This law has been established as a bridge between policies that address historical food problems, such as hunger and malnutrition; and those that seek to reverse modern food problems, linked to excess malnutrition and chronic diseases that are caused by the poor quality of the food products consumed today. The latter affects the entire population since it is linked to the transformation of dietary patterns, although surveys indicate that the highest prevalence is found in lower-income economic sectors. For its part, the problem of hunger is directly linked to poverty.

The Law for the Promotion of Healthy Eating, although it does not directly address the problem of lack of food, does establish measures that are fundamental for the transformation of food systems that, directly or indirectly, contribute to greater food security and sovereignty. and generate an improvement in the quality of food assistance. For example, it requires the State that public purchases of food that are destined for soup kitchens where children and adolescents attend, to state agencies and food programs, be made up of healthy foods that do not present warning seals (that is, that they do not have excess sugar, sodium, fat, sweetener or caffeine). It also establishes the importance of encouraging the development of family, peasant and indigenous agriculture.

In this way, the law is positioned, on the one hand, as a valuable instrument to positively impact the health of the most vulnerable sectors of the population, who are those most exposed to the consumption of processed and ultra-processed products. And on the other, to begin to transform the way in which the Argentine State, historically, has constructed its food policies and, more specifically, in its most urgent aspect, that is, hunger. Finally, when thinking about what those who have the least eat, the need to incorporate nutritional criteria and not just the amount of calories was put on the table.

In this framework, key questions were asked about what we are eating; about how the food that reaches our table is produced; about the relationship that exists between what we consume and the diseases we contract, at an increasingly younger age. Questions about what is offered to children and adolescents in schools, which in many cases constitutes the basis of their diet. The question is also enabled about who the State’s suppliers are and what type of production we want to support.

This debate and the conquest of this law, which has had civil society as its protagonist, has meant immense progress in the discussions and food policies of our country, and above all, it provides technical and legal tools to achieve better protection of rights to adequate food and health of the entire population. Society in general echoed the idea that it is no longer about filling bellies but rather about nourishing healthy bodies and minds, nourishing ourselves culturally and emotionally again. And according to the human rights instruments adopted by our country, it is the State that must guarantee that this is the case.

Demand the minimums without giving up the maximums

Currently, these historic advances are at serious risk, just as access to food by a large part of the population is also at risk due to the economic crisis that the country is going through and, above all, due to the shortage policies that they have been suffering. community kitchens and food assistance programs.

The subjugation of social rights seeks to reverse the progress achieved in recent years regarding the debate on food quality because, in the absence of minimum food conditions, immediate needs prevail and the need for structural transformations remain in the background flat.

Now: Is it possible that even in crisis contexts we can think about the food problem in a comprehensive and non-linear way? Is it possible to demand that emergency food policies be urgently implemented and at the same time prioritize the purchase of healthy food for soup kitchens? Of course. It is not only possible but necessary. Fighting for the minimum without giving up the maximum is the way to defend the progress achieved, the rights achieved.

The health effects of purely palliative food policies are irreversible for millions of people who have contracted chronic diseases and disabilities of different types. Today we know the serious consequences on health that come with the consumption of certain products with excess critical nutrients, as well as the lack of variety in the daily diet, the low consumption of fruits and vegetables. For this reason, we cannot settle for “what there is”, we cannot renounce the rights achieved and the progress made in the debate on the type of food we need to develop and live with dignity.

Satisfaction of the right to health, to adequate food, to a decent life cannot be left in the hands of the market, and food cannot be treated as a commodity. It is urgent that the State guarantee that all people can access decent, quality food in sufficient quantity. Quality food should be a right and not a privilege.

 

*Image source: Colectivo Diciembre

 

Authors

Maga Merlo Vijarra

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

Labeling law: Córdoba can move towards the best standard

A project to promote healthy eating that adheres to the national front labeling law was presented to the Córdoba Legislature. The initiative establishes stamp-free schools, promotes the public purchase of healthy foods and creates a monitoring commission made up of civil society organizations, among other things.

“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 16, a project for adhesion to the Law for the Promotion of Healthy Eating (PAS), better known as the “labeling law,” entered the Córdoba Legislature, which presents the best standards among the adhesion laws sanctioned so far. . It was achieved through collaborative work between the team of legislator Miranda and legislator Labat, together with the College of Nutritionists of the Province of Córdoba and Fundeps. It hopes to have the support of all the blocks that consider it a priority to defend public health and access to adequate food for all consumers and, fundamentally, children.
To understand the importance of subnational progress in relation to the national front labeling law, we must look not only at the letter of the law but also at its implementation. The text explicitly obliges the provinces to guarantee the implementation of the law in their territories, but does not say how. It does not command adherence. For this reason, at the time of the sanction and regulation of the national law, the question arose: is it necessary for the provinces to adhere? What should and what can the provinces do to guarantee effective compliance with these recognized fundamental rights? How can we guarantee equality in the enjoyment of these rights throughout the territory? Despite the questions, what was not questioned is that the national standard is mandatory throughout the country beyond the strategies defined by the province.

It is important to highlight that the standard aims to address the food issue in a comprehensive and transversal way. For this reason, it not only introduces front labeling that allows warning about the true composition of what is being consumed, but also regulates aspects such as: healthy school environments, nutritional food education, marketing strategies of food industries, public purchases. carried out by the State, etc. That is why this law is recognized as a kind of suture of the great regulatory dispersion that exists in the regulation of the right to food in Argentina, and it is also seen as a model law for the region.
Now, the implementation of all these components of the law put at the center the challenges of federalism and the system of distribution of powers, and requires coordination between different ministries, agencies and levels of government. In this scenario, the issuance of adhesion or complementary regulations emerged as the best way to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

To date we have only 7 adhered provinces, which according to the regulatory map of labeling in Argentina reflects 63.3% progress at the national level, and this has to do with the fact that none of the regulations regulate the implementation of the different components of the law that require it.

The bill in Córdoba

In this scenario, the bill presented in Córdoba appears as a model to be followed by the rest of the provinces. It proposes broad and comprehensive local regulation, which ensures the effective application of all the measures provided by national law. Thus, it not only assumes the responsibility of controlling and supervising compliance with the front labeling of food products and national regulations on advertising, promotion and sponsorship of these products, but also expands the scope of restrictions on advertising in the areas of local jurisdiction, such as points of sale and public roads. It also defines what is meant by advertising aimed at children and adolescents, correcting an important deficiency in national regulations. Thus, the text achieves full protection of the environment against marketing strategies that aggressively encourage the purchase of products that harm health.

Also, it speaks out regarding the two crucial components that require the actions of the provinces.

  • About school environments: prohibits the offer, sale and advertising of products with the seal within schools of all levels, formal and informal, and requires the permanent and free supply of drinking water; provides for the inclusion of food education in school curricula and teacher training plans; establishes that school cafeterias should prioritize the offer of fresh or minimally processed foods that come from local farmers; and provides that menus be designed by nutrition professionals and improvements are made to school infrastructure.
  • About public purchases: the project accepts the criteria of national law and prioritizes the purchase of healthy foods in all types of contracts and food programs. A priority that becomes absolute if the recipients are children and adolescents.

Other points to highlight in the proposed regulations have to do with the definition of the Ministry of Health as the application authority in coordination with other ministries involved. This is essential so that all the measures taken in the different areas are considered from a public health approach. We also consider the provision of complaint channels, sanction systems and registration of offenders at the local level to be a success, which allow us to reinforce national mechanisms that have been presenting certain limitations in practice.

Another point of interest, which has to do with strengthening the availability of healthy foods, is the incentive to consume unprocessed and natural foods produced by regional economies and peasant, indigenous (and/or) family agriculture.

Finally, we want to emphasize that the project provides for the creation of a Consumer Commission made up of civil society organizations, consumers and professional associations whose objective is the protection of the rights involved. Commission that guarantees citizen participation in monitoring the implementation of the law and in the development of complementary policies.

For these reasons, it is an advanced law for the promotion of healthy eating in the province. It can set the path to be followed by other provinces that have not spoken out and also for provinces with simple accessions to dictate complementary regulations that ensure comprehensive compliance with this public health policy that is being a reference in the region.

We invite citizens to support and follow the process of processing the law in the legislature. Your involvement is essential so that the balance does not tip in favor of the interests of large food industries and the rights of the population, and fundamentally children, to enjoy a healthy life and healthy eating are protected.

Access the bill

Author

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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Kit of materials: Let’s build a healthier school

From Fundación Sanar, Fundeps and Fagran we launched “Let’s build a healthier school”, materials aimed at the educational community. Their objective is to promote the implementation of the labeling law in school environments and reflect on the nutrition of children and adolescents.

“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”.

Law 27,642 for the Promotion of Healthy Eating, known as the labeling law, is a comprehensive policy that seeks to protect and promote the right to adequate food and the right to health, especially for children and adolescents. To achieve this, it proposes a package of measures that seek to transform the environments where they grow and develop, limiting the supply of unhealthy products in schools and exposure to marketing, educating on food and nutritional aspects, and promoting equitable access to healthy foods.

In this framework, schools constitute a key space for the implementation of the law and have specific regulations to comply with. Children and adolescents spend a large part of their time there and therefore, it is a suitable place to promote healthy habits.

In this context, the process of adaptation to the norm requires an accompanied and informed educational community. For this reason, from Fundeps, Fundación Sanar and Fagran we launched the kit of materials “Let’s build a healthier school”.

The objective is to provide tools to encourage the active participation of the entire educational community in promoting healthier and more sustainable eating practices. It includes materials so that each member can rethink her role within the process and become a change agent in school nutrition.

What materials are included in the kit?

  • A document with information about the law as a comprehensive public policy. It provides information about the evidence that supports it and the purpose of each of its axes. At the same time, it approaches a practical activity of a reflective nature to achieve collaborative work among the members of the community.
  • 3 Videos: one aimed at authorities and decision makers in the educational field, another at those responsible for children and adolescents; and one for children (which can be useful in the classroom).

ACCESS THE KIT OF MATERIALS

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A podcast beyond labels

From Fundeps, Fundación Sanar and Anfibia Podcast we launched “Exceso de Todo”, a podcast narrated by Lucas Fridman, which runs from the controversy around the octagons and focuses on healthy eating.

“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”.

Almost a year ago, the Law for the Promotion of Healthy Eating began to be implemented in Argentina, better known as the Law of Frontal Labeling. The black octagons that we see on the products are the ones that generated the most debate, but they represent one of the components of the law.

The objective of this podcast is to bring all the points that make it up and tell in 5 episodes how we eat in Argentina and what we need to eat better. It also addresses everything from advertising regulation to what can be eaten in schools, how public purchases for school and community canteens are managed and why when we talk about food it is not about individual choices.

The testimonies it gathers are from members of organizations that promoted it, journalists, leaders in nutrition and food, environment, people from the advertising industry, among others.

Listen to the podcast here

The episodes will premiere weekly on Thursdays until August 17. The podcast will be broadcast on Spotify and on all audio platforms.

 

Contact

Maga Merlo, magamerlov@fundeps.org

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1st Congress of Food Policies in Argentina

On August 9 and 10 we will hold the 1st Congress of Food Policies in Argentina in the Autonomous City of Buenos Aires. It is organized by Fundeps and Fundación Sanar.

“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”.

With the participation of national and international speakers, for 2 days we will talk about the progress and challenges of the 1 year anniversary of the implementation of the Law for the Promotion of Healthy Eating, known as the labeling law.

We will share views and opportunities for joint work between students and health professionals, the educational community, state authorities, organizations that work for the right to health, the environment, among other actors.

The main topics of the congress include:

  • Challenges for the implementation of the law in the provinces.
  • Healthy school environments: recommendations and tools.
  • Transformation of food programs.
  • Food Industry Marketing Strategies.

Schedule:

  • First day (August 9): begins at 8:30 a.m. with the accreditations. There will be 3 discussion tables and speakers ending the day at 5:15 p.m.
  • Second day (August 10): starts at 8:30 a.m. and ends at 12:40 p.m. There will be 2 dialogue tables.

The congress will take place at SCALA HOTEL (BERNARDO DE IRIGOYEN 740, CABA).

It is free and with limited seats. Requires prior registration.

 

See the full program and speakers here.

I WANT TO REGISTER

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“Let’s not let it pass” campaign: promote the first citizen report on the labeling law

Through this initiative, FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo seek to promote a citizenry committed to the labeling law and thus generate the first citizen report on its compliance. The initiative arises from the identification of various breaches and the lack of effective control by the State.

“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”.

Let’s not let it pass” is the new campaign launched today by FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo to promote an informed citizenry and committed to the effective implementation of the labeling law. The nationwide campaign seeks to generate a citizen report on the state of compliance with the law, 10 months after the start of its implementation.

In 2021, the organizations promoted the campaign “Don’t cover our eyes” to promote the approval of the law and, on this occasion, they meet again so that this public health measure is effectively complied with. The campaign emphasizes some components of the law referring to the presence and characteristics of the seals (their size, location on the container, for example) as well as their disposition in the gondola.

“A few months ago we carried out a research study to find out how the law is being implemented and we detected that in 83% of the supermarkets surveyed there were breaches regarding the disposition of the products on the gondola, the seals were not visible to the consumer. In 67% we found promotions associated with the price (such as “15% discount” and “50% discount on the second unit”) in products with stamps, which also shows a breach of the provisions of the law, and in the 12% of the surveyed products, the seals were not on the main face of the container. The State must sanction these breaches and with the campaign we seek to make them visible,” said Leila Guarnieri of FIC Argentina.

“It is a priority that the commitment extends throughout the country, counting on the federal representation of the provinces, which monitor compliance with the Law through committed citizens and nutrition professionals who, through Education and advocacy actions put the visibility of this Law at the center of the scene. As a Federation we join the efforts of the entities that we bring together for the effective compliance of the Law, without exception”, declared Ana Caceres from FAGRAN.

“For a full implementation of the Labeling Law, it is essential that as citizens we get involved and demand its compliance. Although it is the State that has the obligation to control, we are observing that these mechanisms can be deficient and inopportune. In addition, up to now we have no data that sanctions have been applied to companies that break the law. For this reason, it is important that we remain alert and report non-compliances to demand that the authorities monitor and sanction appropriately,” said Maga Merlo from Fundeps. And he added: “Let us remember that this law comes to protect fundamental rights such as health, adequate food and information for consumers, and especially for groups in vulnerable situations, such as children. Citizen participation is essential to build transparent public policies.”

“The platform also arises from the need to make visible the actions of companies that break the law in different ways, interfering mainly in the guarantee of the right to information of consumers. Being able to document, systematize the information and thus channel the claim to the enforcement authorities will allow the State to act in such a way that it can put into operation its own strategies to mitigate non-compliance,” said Ignacio Porras from Fundación SANAR.

“For a norm to be effective and not die in the sanction, it is essential that we get involved and demand its correct implementation. It is a matter of appropriating the Law and knowing it to be able to claim for our rights and build new horizons”, declared Ariana Krochik of Consciente Colectivo.

How to participate in this campaign?

Registering breaches at www.nolodejemospasar.org

Contact

Maga Merlo, magamerlov@fundeps.org

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Regulatory Map of Front Labeling in Argentina

From Fundeps and Fundación Sanar we present the Regulatory Map of Front Labeling in Argentina, a website that shows the progress of the 23 provinces and the Autonomous City of Buenos Aires (CABA) in the issuance of regulations that regulate the implementation of the Promotion Law of Healthy Eating (PAS) at the local level, and at the same time accounts for the regulation process carried out by the National State. The objective of this tool is to promote and strengthen the full implementation of this law throughout the 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”.

Law No. 27,642 on the Promotion of Healthy Eating, known as the Labeling Law, was enacted on October 26, 2021 and regulated on March 22, 2022. As of this date, it is mandatory throughout the country. However, the adherence and/or the issuance of complementary regulations by the provinces and CABA is of utmost importance to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

The issuance of local, adhesion or complementary regulations by the 23 provinces and CABA:

  • It gives the possibility of adapting the regulations to the reality of each jurisdiction and improving their implementation at the local level.
  • It allows progress on aspects of the exclusive jurisdiction of jurisdictions that national law does not cover.
  • It accounts for an important act of political will.
  • Creates regulatory conditions conducive to the materialization of the rights recognized by the PAS Law.
  • It means an opportunity to raise the minimum floor established by national regulations.

In view of the importance of adhering to and enacting local regulations as fundamental elements to promote healthy eating throughout Argentina, Fundación Sanar and Fundeps present the Regulatory Map of Front Labeling in Argentina. This consultation and analysis tool is aimed at national and provincial public authorities responsible for promoting healthy eating policies and at civil society organizations, academia and the media that monitor the correct implementation of the PAS Law.

 

Consult the REGULATORY MAP: www.etiquetadoenargentina.org/

 

About the PAS Law:

The PAS Law seeks to promote healthy eating and guarantee the right to health and adequate nutrition. It includes measures such as placing warning seals on packaged foods and non-alcoholic beverages to provide clear and understandable nutritional information, encouraging more assertive decisions by consumers. It also regulates aspects such as school environments and nutritional food education, advertising, promotion and sponsorship of the food industry – with special focus on childhood and adolescence – as well as public purchases made by the State. These components contribute to a comprehensive approach to the regulations, strengthening their protective nature and their focus on rights.

 

Contact

Laura Fons, laurafons@fundeps.org

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A dialogue on food programs, public purchases and the Law for the Promotion of Healthy Eating

Last Thursday, November 17, we held a meeting on the current management of food programs for school canteens in the provinces of Mendoza, Córdoba, Salta, Tucumán, and Buenos Aires. Special emphasis was placed on food purchasing systems and on the need to guarantee the effective application of Law No. 27,642 on the Promotion of Healthy Eating (PAS) within the framework of school assistance programs in each of these provinces. The event was organized by Fundeps, Nuestra Mendoza, Andhes, Salta Transparente, the Center for the Implementation of Constitutional Rights (CIDC) and also had the support of SANAR.

“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”.

In addition to representatives of the aforementioned civil society organizations, the following participated in the meeting: Claudia Oliva and Victoria Lo Valvo, General Director of the Comprehensive Assistance Program of Córdoba (P.A.I.Cor) and Director of Legal Affairs of the General Directorate of Purchases of Córdoba ; Franco Pullido and Gabriel Sciola, Director of School Feeding of Mendoza and Undersecretary of Administration of the General Directorate of Schools of Mendoza and Matías Molina, General Director of Monitoring of Procurement of Goods and Services of the province of Salta.

At first, through a participatory dynamic, the different representations and social images linked to chronic non-communicable diseases and, specifically, malnutrition due to excess and the commonly known “law of labeling” were addressed. Then the different components of said law were described and, finally, the provisions related to public purchases for school canteens were studied in depth.

It was highlighted that, when dealing with purchases for educational establishments, they should guarantee that products with black seals did not enter the schools, whether they were already packaged products or the ingredients used to prepare the food. This, given that products with at least one seal or precautionary legend cannot be offered, marketed, promoted, advertised or sponsored within schools, by virtue of article 12 of the PAS law.

In a second moment, the floor was given to each of the leading people from the provinces, authorities in the event that they were present or from NGOs, so that they could comment on how the management of the food programs was in each one of them, how Food purchases were decided, with what nutritional criteria, if this information was accessible to the public, all with the aim of identifying some common points and windows of opportunities for the effective application of the PAS law.

By way of conclusion, each attendee identified opportunities, challenges and possibilities for articulation between civil society and the State agencies involved.

 

Authors

Maria Victoria Sibilla

Maga Merlo

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

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We ask the authorities to update the National Tobacco Control Law

We sent to national authorities of the Executive and Legislative Power a document with legal arguments and scientific evidence that support the need to update the national law No. 26,687 of regulation of advertising, promotion and consumption of products made with tobacco. In this note we tell you what we ask of them and why.

“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”.

Law No. 26,687 is already more than 10 years old, and the need to update it in light of the marketing strategies of the tobacco industry and the new products it develops is evident. According to the World Survey on Tobacco in Young People in Argentina, carried out in 2020, tobacco consumption produces 44,851 annual deaths, representing 13% of total deaths and that still, more than 22% of the population consumes tobacco, being the age of initiation, which is already between 12 and 15 years, is decreasing.

For this reason, we send a report with key information to the Nation’s Minister of Health -Carla Vizzotti-, to the block presidents of the Chamber of Deputies, and to various legislators from commissions related to the subject, explaining why what is this update needed.

The World Health Organization warns that while many countries have made significant progress in regulating traditional tobacco products, there are many others that are novel (such as heated tobacco products and electronic cigarettes, better known as vapers). ), and continue without being properly regulated, making their way through the population, especially in children and adolescents. The WHO adds that these products are not only harmful to health, but also work as an incentive for young people to start consuming traditional cigarettes.

On the other hand, we transmitted to the Minister and the legislators information about the legal loopholes that the current law has, and that are exploited by the tobacco industry to avoid advertising, promotion and sponsorship prohibitions. For this same reason, we suggest a series of measures that should be included in the standard, such as the absolute and explicit prohibition of all types of advertising -including display at points of sale-, as well as its effective control to avoid violations, and ultimately, get them sanctioned.

We bet on the political will and the strengthening of public policies to improve the standards of protection of the right to health. A strong and thriving industry like the tobacco industry requires a State that is present and willing to watch over the interests and rights of the population.

 

More Information

Author

Sofía Armando

Contacto

Maga Merlo, magamerlov@fundeps.org

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An industry that does not give up

In these last 10 years we have seen great changes in the tobacco industry. Elegance and technology in its products, striking and advanced images, new words in its advertising campaigns and web pages. That is, the development of increasingly sophisticated marketing strategies, capable of quickly captivating the target audience. Very subtly and, even in an almost imperceptible way, the tobacco companies sneak into our unconscious and shape our preferences, behaviors and perceptions.

“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”.

These companies usually benefit from the side effect of the slowness with which States regulate their actions. An industry capable of investing millions of dollars in innovation and advertising requires strong regulatory frameworks that allow it to deal with them with due immediacy and efficiency. Otherwise, the health, dignity and quality of life of people are in danger, especially that of children and adolescents, a group on which these corporations especially focus.

What does the tobacco control law say in Argentina?

In Argentina, the National Tobacco Control Law (LNCT) is more than 10 years old. Although at the time it represented a significant advance in the matter, the truth is that it has become outdated and insufficient in the face of the arsenal of marketing strategies that the tobacco companies were developing. Added to this are the difficulties that the Argentine State has in developing adequate control mechanisms that allow it to guarantee compliance with regulations throughout the country. If the monitoring of advertising tactics in traditional media was already a challenge for the State, the control of all these new strategies promoted by the tobacco companies brings more complexities.

The industry spends millions of dollars daily to create marketing tactics that create the impression that tobacco use is widespread and acceptable. In this sense, it has been scientifically proven that advertising, promotion and sponsorship increase the chances of starting tobacco consumption, maintain or increase consumption levels among smokers and reduce the willingness to quit smoking.

In our country -at the national level-, there is a broad ban on actions of promotion, advertising and sponsorship of products made with tobacco, whether they take place directly or indirectly and through any means of dissemination or communication. However, the regulations also establish a series of exceptions to said prohibition, such as the promotion and advertising that is carried out inside the points of sale, in publications of the tobacco sector and through direct communications to people over 18 years of age, provided that they have given their prior consent and their age has been verified.

These types of partial restrictions are ineffective in reducing consumption and protecting public health. Well, advertising that is prohibited by a communication channel, is displayed and reinforced by others. In this sense, according to the Argentine experience, with the advancement of regulations that had the purpose of limiting marketing strategies, the main achievements were obtained in the field of traditional media, such as television, radio and graphic press. However, tobacco companies quickly developed other innovative ways to continue operating and thus protect their income. Some of these strategies were in express violation of current regulations and others premeditatedly took advantage of legal loopholes to continue promoting and advertising their products. In this way, the points of sale, massive events and the Internet -among others-, began to be the disputed and privileged spaces for these corporations.

The tobacco companies at the corner store

A study carried out by FIC Argentina, whose purpose was to evaluate the marketing strategies used by tobacco companies at points of sale in 8 provinces of the country, found that in 56.1% of these spaces there was some type of advertising for cigarettes or tobacco products. related, such as: cigarette packs used as decoration elements; posters with logo and/or brand that advertise certain products; posters without a logo and/or brand but that contain references, allusions or slogans related to tobacco products; shelves provided by the tobacco industry with spaces for advertising posters and lighting effects; display of tobacco products for sale through shelves.

In turn, research shows that investments by tobacco companies in points of sale have been increasing significantly in recent years. This is because these spaces are central and effective in exposing people to messages and images that position smoking as something normal and familiar. Strategic placement of packages and signage in highly visible locations (such as checkout lines, check-in and check-out areas) ensures that the brand and associated imagery stand out, serving as a visual reminder and reinforcing the desire to smoke. Added to this is the fact that a large part of the packages displayed, the posters and the shelves, are visible from the outside so that they reach not only those who enter the premises but also those who pass by in the vicinity.

“New products” + digital marketing = the perfect combo

The irruption in the market of the so-called “new products”, such as the electronic cigarette -also called Electronic Nicotine Administration Systems (SEAN) and Similar Systems Without Nicotine (SSSN)- and heated tobacco products, constituted a novelty in herself. Its sophisticated designs and the technology applied to its operation quickly captured the attention of the public, especially the youth. In addition, as if that were not enough, they began to be presented as low-risk products or as part of smoking cessation treatments, thus contributing to a false idea about smoking.

In this sense, it is pertinent to highlight that the launch of these new products was accompanied by the emergence of a new language that managed to install new terms in the market, such as “vaping”, “vaping”, “vaporizers”. All terminologies that had the purpose of not only disguising the true act that embodies the use of electronic cigarettes and heated tobacco products -that is, smoking-, but also concealed and softened the harmful consequences that their use represents for health. consumption.

In turn, the marketing of these new products was boosted by digital marketing, which used social media in particular to reach as many people as possible. Among the most outstanding strategies is the hiring of influencers and musical artists who, by reaching a large number of people, position themselves as trendsetters. In this way, they become one of the main channels used by tobacco companies to promote their products and, at the same time, establish bonds of loyalty with the young population.

An example of this is the one carried out by the company MIG VAPOR LLC through music videos that are reproduced through Youtube Argentina. The advertising contained in these videos consists of repeatedly showing famous artists -mostly from the world of reggaeton- consuming electronic cigarettes, displaying the brand name in easily visible places and in the provision of a link that is in the description of the played song that immediately redirects to the sales website of MIG VAPOR LLC.

According to the current legislation of Argentina, the promotion and advertising of the electronic cigarette, as well as any of its accessories, is specifically prohibited by Provision No. 3226/11 of the National Administration of Medicines, Food and Medical Technology (ANMAT) . Likewise, based on a systematic interpretation of the National Tobacco Control Law and its Regulatory Decree, this type of product could be found within its scope of application and, consequently, its advertising through websites and social networks is prohibited.

However, it must be said that the control by the ANMAT in this sense has been scarce to insufficient, and with regard to the control and monitoring mechanisms deployed by the Ministry of Health – the national law enforcement authority -, these have focused more than anything on traditional media and not on digital media. In this way, the tobacco companies have been left in a situation of pre-eminence in the face of the control actions deployed by the State.

There is a clear need to improve the regulation of new tobacco and nicotine products in accordance with international standards, so that it includes not only electronic cigarettes but also heated tobacco products, and so that the agencies in charge of their control can make its oversight mechanisms more efficient in order to guarantee a complete ban on advertising, whatever the means of dissemination.

VIP pass in massive events

According to a survey carried out by FIC Argentina in hostels, bowling alleys and musical events, tobacco companies often use various advertising tactics in order to attract a youth audience. Offering free samples and exchanges, delivery of promotional objects, stands decorated with screens and the aesthetic identity of the brand, are the most used strategies in these spaces. In addition, as in the points of sale, tobacco products are sold, promoted and displayed there.

In addition, those who attend the stand usually summon young people to contests and raffles, and it is there that an exchange is promoted and produced that culminates in the registration of personal data. Thus, the tobacco companies manage to increase their database and have all the necessary information for future marketing actions. Among them, e-mail marketing and social networks.

In accordance with the LNCT and its Regulatory Decree, in addition to prohibiting all types of advertising on public roads, spaces for public use, bars, nightclubs, the use of direct or indirect incentives that encourage the purchase or consumption of tobacco products is prohibited. such as the realization of promotional discounts, the delivery of gifts or the realization of contests or competitions. Likewise, the delivery of free samples, either as a gift or exchange for another product, is prohibited. Despite this, the control of these events is deficient and evidences the need to improve the monitoring and sanction mechanisms.

What do we need from the Argentine State?

The violation of current regulations on tobacco control, the inadequate control by the State added to an industry capable of investing millions of dollars in marketing and innovation, reveal the urgency of moving towards a complete ban on advertising, promotion and sponsorship , in all its forms and whatever the means of dissemination.

Promotion and advertising at points of sale, especially through the display of tobacco products, is one of the main marketing strategies used by tobacco companies. In this sense, the Framework Convention for Tobacco Control (FCTC) has established in its article 13 that “a total ban on advertising, promotion and sponsorship would reduce the consumption of tobacco products” and that, the exhibition in points of sale, should be considered in itself as a form of advertising and promotion.

In addition, according to the scientific literature on the matter as well as the provisions of the Framework Convention itself, the legislation that establishes the complete prohibition of advertising, promotion and sponsorship of tobacco products is an effective measure in the fight against smoking. Well, it has the capacity to reduce the consumption of the entire population, regardless of their income and education level.

On the other hand, faced with the advance of new products, it is necessary to guarantee a regulatory framework that expressly regulates them. The current National Tobacco Control Law does not expressly accept them and if it does, it could increase the expectations of compliance with the regulation, reduce the gray areas of the current regulations in order to prevent tobacco companies from continuing to develop abusive marketing and commercialization strategies and, in short, reduce the danger that these products represent for public health.

In this line, the 7th meeting of the Conference of the Parties to the Framework Convention for Tobacco Control in 2016 recommended that the regulation “prevent the promotion of SEAN/SSSN and prevent the adoption by non-smokers, pregnant women and young people. , minimize potential health risks to users and non-users of ENDS/SSSNs, prohibit unproven claims about ENDS/SSSNs, and protect tobacco control efforts from commercial and other tobacco industry vested interests.” . In relation to heated tobacco products, he stated that they should be subject to the normative and regulatory measures applied to all other tobacco products.

It is necessary for the State to take into account the paradigm shift that has taken place in the last 11 years since the sanction of the national Tobacco Control standard. If our regulatory frameworks are not updated and if our inspection mechanisms do not improve, it will not be possible to reduce the tobacco epidemic and, consequently, protect public health. In this sense, the ratification of the Framework Convention becomes essential, as it will be a tool that will allow the current standards of protection in terms of tobacco control to be strengthened.

An industry that is advancing by leaps and bounds, developing new products and innovative marketing strategies, requires States capable of responding quickly and effectively. Or what would be even better, anticipate the scams of these corporations.

 

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Authors

Gaetano Vaggione 

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

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CONAL passed a regulation on Trans Fats that protects health

After a long journey in pursuit of the health of all the inhabitants of our country, at the 146th meeting of the National Food Commission (CONAL) held on August 24 and 25, 2022, the proposal for updating of Art. 155 tris of the Argentine Food Code (CAA) to reduce the limits on the content of trans fats in food products and the prohibition of partially hydrogenated oils.

“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”.

In September 2021, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Argentine InterAmerican Heart Foundation (FIC Argentina), the Foundation for the Development of Sustainable Policies (Fundeps), Argentine Consumers and the Argentine Society of Nutrition and Food Reales (SANAR), we presented a proposal to CONAL to improve the standards of industrially produced trans fats. Argentina currently has one of the least strict policies compared to other countries in the region. At the same time, the Ministry of Health of the Nation presented its proposal online with the aforementioned organizations.

After an arduous follow-up and joint work, CONAL was able to include the treatment of the proposal in its agenda, reaching the Public Consultation instance, with great support from the community and Scientific Societies. The process was postponed in some stages, finally reaching its approval, with adaptation of the deadlines, although without other modifications of the original proposal. The approved proposal grants a term of two years for the adequacy of food to the established limit of 2% trans fatty acids, three years for the adequacy of ingredients and raw materials to the established limit of 2% trans fatty acids and four years for the elimination of the use of oils and partially hydrogenated fats in the food industry.

The new regulation will be adapted to the guidelines recommended by the World Health Organization (WHO) and the Pan American Health Organization (PAHO). These are designed to promote the worldwide reduction and elimination of industrially produced Trans Fats in the food supply, given the overwhelming evidence of their negative effects on the cardiovascular health of the population, increasing the risk of developing cardiovascular diseases (CVD) and the to die for these It should be noted that, in addition, the implementation of superior policies contribute to protecting the human right to health and adequate food.

From this great step in defense of the right to health, from Civil Society we ask the Executive Branch to promptly publish the resolution in the Official Gazette to make the policy effective.

Organizations committed to the health of the entire population celebrate that we will finally be able to say Bye Trans Fats.

Contact

Maga Merlo, magamerlov@fundeps.org

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Labeling Law: When and how does it start to be applied?

According to the regulations of the Law for the Promotion of Healthy Food, this August 20, large companies must begin to implement the Frontal Warning Labeling on their products. Small and Medium Enterprises (SMEs) have a deadline to do so until February 2023. The appearance of the stamps will be gradual and progressive.

“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”.

When did we start to see the seals?

As of this August 20, the products of large companies that have an excess of critical nutrients -such as sugars, sodium, saturated fats, total fats and calories-, must display on the main face of the container one or more warning stamps with the “EXCESS IN” badge. Also, those foods that contain sweeteners and/or caffeine, must present the precautionary legends: “CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN” and/or “CONTAINS CAFFEINE, AVOID IN CHILDREN”.

In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.

In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.

According to the PAHO profile, the products that should be classified using its criteria are processed (such as fruit in syrup, cheese, or foods preserved in brine) and ultra-processed (such as sweet or salty snacks, cookies, ice cream, candies), either which are the ones that normally contain high amounts of sugars, sodium and fats. For their part, those minimally processed or unprocessed products will not bear stamps. Examples of this are fresh fruits and vegetables, dried noodles, rice, legumes or the exceptions provided by the regulations: common sugar, vegetable oils, dried fruits and common table salt.

Now, what happens to the products that we know have an excess of critical nutrients and that on August 20 are going to continue on the shelves without their corresponding seals?

These cases, which unfortunately will not be few, must be explained in one of the following ways:

1- It can be a product made by an SME, for which the first stage begins in February 2023.

2- It may be a product from a large company that has a production date prior to August 20, which according to the law may be kept on the market until stock is exhausted.

3- Or, it may be a product of a large company, with a production date after August 20, which has obtained an extension.

This last case is the one that generates the greatest concern and uncertainty in civil society. As indicated by the Provision of the National Administration of Medicines, Food and Medical Technology (ANMAT), the possibility of requesting an extension only exists for the first stage and only once. This deadline expired on July 20 for large companies.

For the purposes of said request, companies must declare and specify the products for which they make the order, as well as the specific reasons why they found limitations in meeting the established deadlines. In this framework, the ANMAT can resolve by approving or rejecting. If the extension request is approved, large companies have a maximum period to put the seals on their products, until February 2023.

Something important to note is that the regulations do not provide for the opening of this information, so in the face of secrecy, we decided to present a request for access to public information. Despite the efforts, the ANMAT replied that it could not provide us with these data as they are confidential. This decision, unfortunately, limits the possibility that civil society can be an active agent in monitoring the implementation of the law.

However, after our request, the ANMAT published a statement informing that as of July 27, 2,658 applications had already been received (encompassing a total of 236 companies), of which around 35% had been approved. However, the statement says nothing about: which companies requested an extension and why, on which products the extension was granted and the criteria for accepting or rejecting them.

This means that we will not know if those products that do not have seals, is because they obtained the extension or because they are in fact not complying with the norm. We need better transparency standards to be ensured throughout the implementation process.

What about the rest of the components of the law?

Meanwhile, it is important not to lose sight of the fact that the law not only introduces the system of “warning stamps” that will allow us to know what we eat. The seal is part of this standard that seeks to address the problem of healthy eating in a comprehensive and cross-cutting manner. Thus, the Law also contains provisions on: “Promotion, Advertising and Sponsorship”, “Education and Healthy Environments” and “Public Purchases”.

Let’s review each one and see why we say that the correct implementation of the seals is essential for full compliance with the standard:

  • School environments

According to the regulatory decree, the Ministry of Health must coordinate with the Ministry of Education and the Federal Council of Education to include in the school curriculum minimum contents of nutritional food education and guarantee that schools are healthy spaces or free of stamps. In other words, no product with at least one warning seal or precautionary legend may be offered, marketed, promoted, advertised or sponsored in educational establishments in the country.

The corresponding regulations have not been issued on this aspect. Until now, the Ministry has only advanced in the incorporation of courses on Healthy Eating in the teacher training courses.

  • Advertising, promotion and sponsorship

The labeling law prohibits the advertising, promotion and sponsorship of all those products that contain at least one (1) warning seal and that is directed especially at children and adolescents.

Likewise, it establishes that those products that contain a warning seal cannot include complementary nutritional information on their packaging, endorsement seals from scientific societies or civil associations, children’s characters, animations, celebrities, athletes, interactive elements, gifts, games, digital downloads. , etc.

According to the regulatory decree, the ANMAT has the duty to establish and dictate the complementary regulations that facilitate the implementation and control of these provisions. However, this body has not disclosed the implementation and control mechanisms that will be used to guarantee compliance with these provisions.

  • Public purchases

On this aspect, the Ministry of Health must coordinate with the National Procurement Office to guarantee that the National State, given the same convenience, prioritizes contracting those products that do not have warning stamps. This provision has significant relevance. But we still do not know how this articulation will take place, nor what will be understood by “equal convenience” or “prioritizing”.

It is important to highlight that to guarantee the full application of all aspects of the law throughout the country, the work and political will of the provinces is necessary. Either for the dictation of complementary norms that are necessary, as for the control and surveillance in their territories.

 

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Authors

María Laura Fons

Maga Merlo Vijarra

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org