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Items
Details
Author
Title
EU law and obesity prevention / Amandine Garde.
Published
Austin, Tex. : WoltersKluwer, 2010.
Call Number
KJE6172 .G37 2010
ISBN
9789041127068
9041127062
9041127062
Description
xiv, 358 pages ; 25 cm
System Control No.
(OCoLC)318873766
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of Abbreviations
xi
Preface
xiii
Acknowledgements
xv
ch. 1
Obesity and Its Consequences in the European Union
1
I.
Obesity: A Growing Public Health Concern
1
A.
Definition of Obesity
2
B.
The Progression of Obesity
3
1.
Obesity Rates in the European Union
4
2.
Future Trends
5
3.
Lack of Common Indicators
5
C.
Health Threats Associated with Overweight and Obesity
6
D.
The Economic Cost of Obesity
7
1.
Direct and Indirect Costs
7
2.
Good Health and Economic Performance
9
3.
Good Health and Social Exclusion
9
II.
The Causes of Obesity
10
A.
Genetic Factors
11
B.
Societal and Environmental Factors
12
1.
The Food Side of the Equation
12
2.
The Physical Activity Side of the Equation
14
3.
Scientific Uncertainty and the Need for Ongoing Research
15
4.
Sharing Responsibility between Individuals and Public Authorities
16
Selected Bibliography
17
ch. 2
Towards a Comprehensive EU Obesity Prevention Strategy?
21
I.
The Slow Recognition of the Need to Address Obesity in Europe
21
A.
The Adoption of the Food Safety Regulation
22
1.
The Difference between Food Safety and Food Quality
23
2.
The Confusion between Food Safety and Food Quality
24
3.
The Role of the EFSA
25
B.
The Development of an EU Public Health Strategy and Its Repercussions: The Growing Awareness of the Need to Prevent Obesity
27
II.
Towards a Coherent Obesity Prevention Strategy
30
A.
The Establishment of the Network on Nutrition and Physical Activity and the EU Platform on Nutrition, Diet and Physical Activity
31
1.
The Network on Nutrition and Physical Activity
31
2.
The EU Platform on Diet, Physical Activity and Health
32
B.
The Obesity Prevention Green Paper
35
III.
The Obesity Prevention White Paper
37
A.
A Preventive Approach
38
B.
A Multi-sectoral Approach
38
C.
A Multi-level, Multi-stakeholder Approach Based on a Variety of Regulatory Tools
41
D.
Evidenced-Based Action
43
E.
The Monitoring and Dissemination of Best Practice
44
F.
The Response of Other EU Institutions
45
IV.
The Follow-Up to the Obesity Prevention White Paper
45
Selected Bibliography
47
ch. 3
The Tools of EU Action: To Which Extent Are EU Institutions Empowered to Tackle the Obesity Epidemic?
45
I.
The Relevance of the Principle of Conferral to the EU's Obesity Prevention Strategy
51
A.
The Principle of Conferral and the EU Legal Order
51
B.
The Principle of Conferral and Obesity Prevention
59
C.
Obesity Prevention and Public Health
60
1.
From Disease Prevention to Health Promotion
62
2.
The Union's Supportive Role in Health Matters
65
a.
Obesity Prevention and the Financing of Research at EU Level
65
b.
Obesity Prevention and the Exchange of Best Practice at EU Level
69
3.
The Duty to Mainstream Health Concerns into All EU Policies
72
a.
Mainstreaming Public Health into all EU Policies
73
b.
The Role of Health Impact Assessments
74
c.
Public Health and EU Internal Market Policy
76
d.
The Scope of EU Powers in the Case Law of the Court of Justice
78
i.
The First Tobacco Advertising Case
78
ii.
The Follow-Up to the First Tobacco Advertising Case
81
iii.
Obesity Prevention and the Competence of the EU to Facilitate the Proper Functioning of the Internal Market: the Problem of In-School Marketing
84
4.
Obesity Prevention and International Cooperation
87
II.
Obesity Prevention and the Exercise of EU Powers: The Principles of Subsidiarity and Proportionality
92
A.
The Principle of Subsidiarity
93
B.
The Principle of Proportionality
96
Selected Bibliography
106
ch. 4
The Provision of Food Information to Consumers
111
I.
The Central Role of Information Provision to Consumers in the EU's Developing Obesity Prevention Strategy
112
A.
The Provision of Information as a Tool of EU Consumer Protection
112
B.
Food Information and Obesity Prevention
113
II.
How Much Information is Required to Empower Consumers to Make Healthy Food Choices?
114
A.
The Existing Regulatory Framework
115
B.
The Draft Regulation
121
1.
The Draft Regulation at a Glance
121
2.
Should Nutrition Labelling Become Compulsory?
125
3.
The Content of the Compulsory Nutrition Declaration
129
4.
The Presentation of Nutrition Information
131
a.
The Legibility of the Information
132
b.
Front-of-Pack Labelling
133
5.
The Draft Regulation and National Laws
137
III.
The Reliability of Food Information
139
A.
The Importance of Nutrition and Health Claims in Informing Consumer Choice
139
B.
The Food Claims Regulation
141
1.
The Aim and Scope of the Food Claims Regulation
142
a.
Nutrition and Health Claims
143
b.
Commercial Communications
145
c.
The Beneficiaries of the Food Claims Regulation: Final Consumers
146
2.
Rules Applicable to All Nutrition and Health Claims
148
a.
Overriding Principles
148
b.
The Controversial Issue of Nutrient Profiling
150
c.
Assessing Consumer Understanding
155
3.
Rules Applicable to Nutrition Claims Only
157
4.
Rules Applicable to Health Claims Only
162
a.
Rules Applicable to All Health Claims
162
b.
Specific Categories of Health Claims
164
IV.
Conclusion: From Food Information to Food Education
166
Selected Bibliography
168
ch. 5
The Regulation of Food Marketing to Children
171
I.
The Relationship between Food Marketing and Childhood Obesity: A Brief Review of Existing Evidence
172
A.
The Criticism of Food Marketing to Children
173
B.
The Response of the Food Industry
177
C.
The Available Evidence
178
II.
The TVWF and the AVMS Directives
183
A.
The Original Version of the TVWF Directive
184
B.
The Revision of the TVWF Directive by the AVMS Directive
188
1.
A Brief Introduction to the AVMS Directive
188
2.
Audiovisual Commercial Communications to Children
192
3.
Audiovisual Commercial Communications for Unhealthy Food
193
4.
Self-Regulation and Food Marketing to Children
196
5.
Future Prospects: Resolution WHA63.14
205
C.
The Regulation of Product Placement
206
1.
Product Placement and Consumer Protection
207
2.
From the TVWF to the AVMS Directive
208
3.
Product Placement in the AVMS Directive
210
a.
The Definition of Product Placement
210
i.
Ẁithin a Programme'
211
ii.
̀For Payment or for Similar Consideration'
211
b.
Conditions
212
D.
A Measure of Minimum Harmonization: The Relationship between the TVWF/AVMS Directives and National Laws
215
1.
Some Examples of Protective Measures Adopted at Member State Level
216
2.
The Limited Freedom of Member States to Adopt More Protective Measures at National Level
218
III.
The Relationship between the AVMS Directives and Other Instruments of EU Law
219
A.
The AVMS Directive: A Measure of Partial Harmonization
220
B.
The Unfair Commercial Practices Directive
221
1.
The First EU-wide Ban on Business-to-Consumer Unfair Commercial Practices
221
2.
Health as Opposed to Economic Interests
222
3.
Full as Opposed to Minimum Harmonization
224
C.
More Specific Legislation on Food Labelling
227
IV.
Conclusion: Towards a Children's Rights Approach to Obesity Prevention?
228
Selected Bibliography
230
ch. 6
Food Composition
235
I.
Voluntary Approaches to Food Reformulation
237
A.
The Benefits and Costs of Food Reformulation
238
B.
Food Reformulation and the EU Platform
240
C.
The EU Salt Campaign
241
II.
Legislation Affecting the Composition of Food
245
A.
EU Harmonizing Measures
246
1.
The Framework Directive
246
2.
Infants and Young Children
248
3.
Other Specific Legislation
250
B.
Food Composition and the General Treaty Provisions on the Free Movement of Goods
251
Selected Bibliography
258
ch. 7
Food Prices and the Role of Economic Instruments in the EU's Obesity Prevention Strategy
261
1.
Obesity Prevention and the Common Agricultural Policy
262
A.
The CAP and Public Health
263
B.
The CAP and the Reform of the Market for Fruit and Vegetables
265
C.
A Special Emphasis on Children
269
1.
The School Fruit Scheme
270
a.
The Free Distribution of Fruit and Vegetables in Schools
270
b.
Accompanying Measures
272
c.
Monitoring and Evaluation
273
2.
The School Milk Scheme
273
D.
The Free Distribution of Fruit and Vegetables via Charitable Organizations
277
1.
The Most Deprived Food Distribution Programme
277
2.
Food Poverty, Social Exclusion and Obesity Prevention
280
II.
Obesity Prevention and Taxation Policy
283
A.
Food Taxes: The Evidence Available
283
B.
Taxation and EU Legislative Harmonization
289
1.
EU Powers in the Area of Taxation Policy
290
2.
EU Legislation on the Harmonization of Excise Duties
290
C.
The Compatibility of National Taxation Policies with EU Rules
293
1.
Similar Goods
294
2.
Other Products: Goods in Competition
297
3.
Article 110 TFEU and Obesity Prevention
299
Selected Bibliography
300
ch. 8
Physical Activity and the EU's Obesity Prevention Strategy
303
I.
The Growing Awareness of the Need to Facilitate Active Lifestyles
304
A.
The Importance of Physical Activity to Healthy Lifestyles
304
1.
The Recommended Daily Amount of Physical Activity
305
2.
The Health Benefits of Regular Physical Activity
306
3.
The Problems Associated with Physical Inactivity
307
B.
The Developing Awareness at EU Level of the Need to Respond to the Challenge of Physical Inactivity
309
C.
The Role of the EU in Reversing Physical Inactivity Trends
311
1.
The Lack of Sufficiently Comprehensive Evidence
312
2.
Exchange of Best Practice
314
II.
Promoting Physical Activity through Specific EU Policies
315
A.
EU Action in the Field of Sport
316
B.
Occupational Health and Safety
321
C.
Transport Policy
326
Selected Bibliography
334
Concluding Remarks
337
Annex: Obesity Prevention White Paper of 30 May 2007
339
Index
351