Position Paper
CODEX ADVERTISING
February 1, 2005
Mr. Ron Burke, Director
Bureau of Food Regulatory, International
and Interagency Affairs,
Health Products and Food Branch,
Health Canada, Bldg No. 7, Room 2395,
Tunney's Pasture, Ottawa K1A 0L2,
Canada
Re: Requested comments to the Canadian Discussion Paper
on Advertising (CL 2004/54-FL)
The International Council of Grocery Manufacturers Association
(ICGMA)1 appreciates this opportunity to provide comments
on the above referenced public notice regarding the Canadian Discussion
Paper on Advertising (CL2004/54-FL) that will be presented for discussion
at the 33rd Session of the Codex Committee on Food Labeling held
at Kota Kinabalu, Malaysia May 8th to 13th, 2005.
Background
In 2003, in conjunction with development of the Guidelines for
Use of Nutrition and Health Claims, the Codex Alimentarius
Commission requested the Codex Committee on Food Labeling (CCFL)
"to consider the development of a definition of advertising
as related to health and nutrition claims". In 2004, the CCFL
agreed to consider advertising as a separate agenda item at its
session in May 2005, with priority being given to development of
the above definition. A Discussion Paper on Advertising has been
circulated with a request to consider whether the Terms of Reference
of the CCFL need to be amended in order to develop such a definition.
Position
There is no longer a rationale for developing an international definition
for advertising at CCFL even though its terms of reference maybe
sufficiently broad enough to enable study of such a question.
Justification
1. The Commission's 2003 instruction to the CCFL “to
consider the development of a definition of advertising as related
to health and nutrition claims” was based on a draft
text for the Guidelines that placed advertising generally within
its scope.2
2. Because of the desire of many member states to retain national
authority over advertising matters, the draft Guidelines were not
adopted by the Commission, and were returned to Step 6 for consideration
at the 2004 meeting of CCFL.
3. At the May 2004 meeting, the CCFL adopted a text on advertising
that explicitly leaves matters related to nutrition and health claims
in advertising to be dealt with at the national level.3
The CAC adopted the text as such.
4. The Canadian Discussion Paper on Advertising (CL 2004/54-FL)
recognizes that national differences influence the way advertising
is defined.4 These differences are illustrated
by the various definitions that are presented in the Discussion
Paper.
5. Thus there is no longer a rationale for the development of an
international definition for advertising as related to nutrition
and health claims. Advertising matters should be left to national
jurisdiction.
In summary, IGMA notes that advertising is best regulated by national
or local codes, which take into account legal, cultural, political,
educational, and societal sensitivities. We strongly believe that
the basic principles of the General Guidelines on Claims5
and the Guidelines for Use of Nutrition Claims6
can adequately address such claims when they are presented in advertising.
Therefore, there is no need to seek a change in the Terms of Reference
of CCFL in order to consider a definition for advertising.
Thank you for the opportunity to offer our comments.
Sincerely,
Mónica L. González, Secretary
cc: Secretary
Codex Alimentarius Commission
Joint FAO/WHO Food Standards
Programme – FAO
Viale delle Terme di Caracalla
00100 Rome, Italy
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