Healthy Skepticism Library item: 14012

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Publication type: Journal Article

Winkler JT.
Law on unjustified health claims: Member states must enforce ban on dubious products.
BMJ 2008 Jun 14; 336:(7657):1324-5
http://www.bmj.com/cgi/content/extract/336/7657/1324-c

Abstract:

There is law and there is the real world. In between lies the implementation of the law.

It is progress to now have a broad-based legal prohibition on all forms of misselling, including false health claims on foods and other products.1 However, this impressive sounding legislation will have little effect on the real world unless it is enforced proactively and comprehensively.

Misleading health claims in advertising in the UK are now dealt with by the Advertising Standards Authority, an industry self regulatory body with only weak sanctions against transgressors. Misleading health claims on labels are dealt with by local authorities, who have such limited resources for enforcement that many prefer to avoid legal action altogether, lest they be dragged into expensive litigation, where the offenders have deeper pockets than the upholders of the law. This is a generic problem that hobbles all the torrent of food legislation that has emerged . . .

j.winkler@londonmet.ac.uk

Keywords:
Publication Types: Letter MeSH Terms: Advertising as Topic/legislation & jurisprudence* Europe Health Food* Legislation, Food