Brussels, October 7, 2024. In her decision published on October 7, the European Ombudsman criticizes the European Commission for not having made public important documents which would reveal why it brushed aside its initial plan to introduce nutritional labeling mandatory on the front of the packaging. The Commission’s reasoning consisting in partially refusing a request for access to documents made by foodwatch “constitutes a case of maladministration”, specifies the ombudsman. In February, the European Ombudsman had already asked the President of the Commission, Ursula von der Leyen, to “disclose the document without delay”. What the Commission refuses to do.
foodwatch suspects that these documents contain the explanation for the political blockage: why is the Nutri-score logo still not obligatory in Europe while the World Health Organization itself recommends its generalization to fight against non-infectious diseases? -transmissible?
“Nutri-Score is proven to help consumers make more informed and healthier food choices. Such nutritional labeling, mandatory and harmonized across Europe, is one of the most important public health tools to combat junk food, obesity and prevent non-communicable diseases. However, the Commission withdrew its plan to introduce front-of-pack nutritional labeling from the European agenda without explanation,” explains Suzy Sumner, head of the Brussels office of foodwatch international.
Consumer information on foodstuffs: a highly political issue
In December 2022, the European Commission prepared a proposal to amend the Food Information to Consumers Regulation (INCO) but this then inexplicably disappeared from political agendas. This proposal would have suggested, among other things, harmonized and mandatory EU-wide nutrition labeling on the front of packages.
foodwatch has made two requests for access to documents to understand why the proposal for front-of-pack nutritional labeling never saw the light of day.
The first documents obtained revealed information on several meetings between the food industry and the European Commission. However, access to the opinion of the Regulatory Scrutiny Board (RSB), the body which gives the green light for a proposal to go through all the preparatory stages and be ready for publication, as well as the draft impact assessment and meeting notes, were refused to foodwatch. But the consumer protection organization, which campaigns for transparency, believes that these documents potentially contain key information: has the Regulatory Scrutiny Board (RSB) given the green light to the proposal – or not?
In a letter of refusal sent to foodwatch during the information request procedure, the European Commission argued that the disclosure of these documents would “undermine the decision-making process of the institutions” and that there was “no “overriding public interest in doing so”. foodwatch therefore called on the European mediator in January 2024.
“The European Ombudsman has concluded that there was maladministration and we are pleased that she fully supports that the documents should have been disclosed by the Commission. However, despite requests from the Commission’s highest-level Ombudsman, we are still denied access to these documents. What is there to hide? The Commission owes European citizens transparency and a clear explanation of why it is still not acting, despite the increasing number of type 2 diabetes and other non-communicable diseases. While we’re wasting a lot of time, manufacturers like Danone or Bjorg are taking the opportunity to backpedal on the display of the Nutri-score by deciding to no longer display it on all or part of their brands. The Commission claims to be serious in its fight against cancer and heart disease but refuses to move forward with a simple tool whose effectiveness in helping consumers make healthier choices is proven. We have lost five years. It is time for the new Commission to act,” comments Suzy Sumner from foodwatch’s Brussels office.
foodwatch strongly supports the introduction of compulsory and harmonized labeling on the front of packages throughout the European Union, already adopted in 8 countries but for the moment, on a voluntary basis: France, Germany, Luxembourg , Belgium, Switzerland, the Netherlands, Portugal and Spain.
