Comparison of food industry policies and commitments on marketing to children and product (re)formulation in Australia, New Zealand and Fiji

Unhealthy food environments are known to be major drivers of diet-related non-communicable diseases globally, and there is an imperative for major food companies to be publicly accountable for their actions to improve the healthiness of food environments. This paper examines the prevalence of publicly available policies and commitments of major packaged food and soft drink manufacturers, and fast-food restaurants in Australia, New Zealand and Fiji with respect to reducing food marketing to children and product (re)formulation. In each country, the most prominent companies in each sector were selected. Company policies, commitments and relevant industry initiatives were gleaned from company and industry association websites. In Australia and New Zealand, there are a higher proportion of companies with publicly available marketing and formulation policies than in Fiji. However, even in Australia, a large proportion of the most prominent food companies do not have publicly available policies. Where they exist, policies on food marketing to children generally focus on those aged less than 12, do not apply to all types of media, marketing channels and techniques, and do not provide transparency with respect to the products to which the policies apply. Product formulation policies, where they exist, focus mostly on salt reduction and changes to the make-up of overall product portfolios, and do not generally address saturated fat, added sugar and energy reduction. In the absence of strong policies and corresponding actions by the private sector, it is likely that government action (e.g. through co-regulation or legislation) will be needed to drive improved company performance.

Special sauce in sesame seed buns: legal strategy and public policy in the fast-food industry

Lewis Bertly, a top lawyer with leading London law firm LL&B, is retained to defend a case with the potential to change the laws that affect fast-food marketing. Through its Department of Health, the Government of Australia seeks legislation for warning labels on fast-food packaging. To prepare a potential defense against this legal action for McDonald's Bertly is reviewing the history of legal action against the industry in fast-food labeling, nutrition and health. This history is important because the industry's actions through the decades in food nutrition and marketing are likely to be raised as evidence. He also hopes this will help him find a framework to map the way social expectations, a company's innovation, the legal system, and legislation combine to shape an industry. What he learns from this history and especially about the market leader, McDonald's, will inform how the defense approaches this case.