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Since the 1980s, there has been an alarming increase in the prevalence of
obesity in virtually every country in the world. As obesity is known to lead
to both chronic and severe medical problems, it imposes a cost not only on
affected individuals and their families, but also on society as a whole. In
Europe, the Obesity Prevention White Paper of May 2007 – followed by the
adoption of an EU School Fruit Scheme, the acknowledgement that food
advertising to children should be limited, and proposed legislation to make
nutrition labeling compulsory – has firmly placed obesity on the EU agenda by
laying down a multi-sectoral strategy and a basis for future action.
In accordance with this growing sense of urgency, this is the first book to
offer an in-depth legal analysis of obesity prevention, with particular
reference to Europe. It describes what the EU has done and could do to support
Member States in fighting the obesity epidemic, and clearly shows the way to
locating advocacy strategies within the framework of EU law. The thorough
analysis includes a discussion of the following issues:
• the need to address nutrition and physical activity as important health
determinants;
• the emphasis traditionally placed at EU level on food safety rather than
food quality;
• the need for the development of databases on nutrition and physical
activity, comparable common indicators and risk assessment mechanisms;
• mainstreaming public health into all EU policies;
• the scope of EU powers in the case law of the Court of Justice;
• the role of information in the EU’s obesity prevention strategy;
• the Commission’s proposed Mandatory Nutrition Declaration;
• the Food Claims Regulation;
• the regulation of food marketing to children, and in particular the role of
the Audiovisual Media Services Directive, the Unfair Commercial Practices
Directive and industry self-regulation;
• food reformulation;
• the use of economic instruments in the EU’s obesity prevention strategy,
with an emphasis on the Common Agricultural Policy and the EU’s taxation
policy; and
• EU action in the fields of sport, occupational health and safety, and
transport policy.
The author convincingly shows that conflicts of interest inherent in market
forces demand a strong EU intervention, preferably through legislation than
self-regulation. She also demonstrates the urgent need to reach an agreement,
on the basis of reliable data, about what is effective in practice to improve
lifestyles.
The study acknowledges that the law is not a panacea, but nonetheless has an
influential role to play in making the healthy choice an easier choice, and
must move decisively towards ensuring that the societal costs associated with
obesity are sustainable, and that the ultimate goal of a healthy population is
achievable. The book is essential reading for everyone involved or interested
in the development of the EU’s obesity prevention policy.