Financial Times

New laws for food advertisements
By The Business Editor
Wide-ranging labelling and advertising regulations become law on April 1 covering the sale of food products and including restrictions on nutritional and protein claims by producers of health foods, it was announced last week.

Among a host of key features of the Food (Labelling and Advertising) Regulations 2003, explained by officials to a group of manufacturers and marketing executives, is that "no label or advertisement relating to any food can claim that dietary fats are a protection against heart diseases or benefit to persons suffering from heart disease."

"Truthful labelling is now considered a consumer rights issue by law," noted Dr Athula Kahandaliyanage, Director General of Health and the Chief Food Authority at the seminar called by the Health Ministry and the Industrial Technology Institute to discuss one of the most significant sets of regulations in recent times to protect consumers.

A packed group of 125 representatives of companies including Nestle, Unilever, Stassens, Glaxo Smithkline and Lanka Milk Foods among others were informed in detail at the small ITI auditorium about the new regulations, its implementation and flexibility by a range of experts including members of the Health Ministry's Food Advisory Committee (FAC).

Labels must appear in at least two of the local languages. This rule is particularly targeted at the range of imported food products that have information in a language not understood by Sri Lankans. Brand or trade names should not be misled while the country of origin must clearly be stated on the product.

The regulations amend part of the Food (Labelling & Miscellaneous) Regulations of 1993 and introduce new ones. Another highlight is that no label or advertisement of a food product can contain any recommendation by a medical practitioner or association or professional or by pictures unless approved by the Chief Food Authority. Food industry sources said this could apply to health products and some toothpaste products which carry an "accepted" certification from the Sri Lanka Dental Association. The rules, though drafted a year ago, come at a time when consumer concern is growing over the plethora of health foods and its medicinal claims.

Seminar participants like Dr Lucian Jayasuriya, a veteran public health specialist and now consultant to Glaxo SmithKline, said while the regulations were good, implementation is the key and should be swift. "The Food Advisory Committee takes atleast three months to decide on a complaint and by that time the product has been (completely) sold in the market," he said. Penalties for violations under these regulations are a meagre Rs 5,000 as the maximum punishment under the old Food Act but the Health Ministry has proposed increasing it to Rs 50,000 and is awaiting government approval. The new rules covering all forms of advertising of food products in newspapers, radio or television were recently approved by the cabinet.

It coincides with a special advertising column to be launched on March 7 by The Sunday Times FT that would discuss consumer concerns and responses from advertising companies and manufacturers or importers. Consumers have expressed concern over a recent surge in advertisements with false claims particularly with health food.( See Page 13 for details of the new Advertising Forum)

Manufacturers present at the seminar were asked to send in their comments or queries on the new regulations to the FAC within two weeks. The regulations are also strict about expiry dates and dates of manufacture which must be clearly expressed on labels. Officials of the Ministry, FAC and ITI urged the media to explain to the food industry and consumers the new regulations and its provisions.

S. Nagiah, Assistant Director, Food Control Administration Unit of the Ministry, agreed that consumers are frustrated by the process of registering a complaint about a food product. "They don't know where to make a complaint and even if they do, it takes a long time to process it," he said adding that complaints on food products can be made to the local Medical Officer of Health or the Public Health Inspector.

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