EU Food Law Handbook

The EU Food Law Handbook edited by Bernd van der Meulen was published in September 2014. Bernd van der Meulen is respected scholar in EU food law, and he includes an outstanding ensemble of knowledgeable experts, like Martin Holle (Nutrition Policy in the European Union), Cecilia Kuhn and Francesco Montanari (Importing food into the EU), and others.

From the introduction: "This ‘EU Food Law Handbook’ presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and practitioners. Their analysis is based on a shared vision of the structure and content of EU food law. The book takes the perspective of food law embedded within general EU law. It highlights the consequences of this combination and provides insights into both substantive and procedural food law.

"Taking the General Food Law as a focal point, this handbook analyses and explains the institutional, substantive and procedural elements of EU food law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers through labelling. These rules define requirements on subjects like market authorisation for food additives, novel foods and genetically modified foods, food hygiene, tracking & tracing, withdrawal & recall. The powers of public authorities to enforce food law and to deal with incidents are outlined. Attention is given to the international context (WTO, Codex Alimentarius) as well as to private standards.

"In addition to the systematic analysis, the book includes selected topics such as nutrition and health policy, special foods, food import requirements, food contact materials, intellectual property and animal feed.

“The ‘EU Food Law Handbook’ is produced in co-operation with the European Institute for Food Law. It is relevant for practitioners and academics both with and without a background in law. It is ideal for education purposes.”

The EU Food Law Handbook can be purchased here.

Ukraine adopts new food legislation to align with the EU

On September 15, 2014, Ukraine’s President Petro Poroshenko signed Law No. 1602 VII on Amendments to Certain Legislative Acts of Ukraine related to Food Products.   The law establishes a new wording for the Law of Ukraine on the Safety and Quality of Food. Ukraine Law No. 1602 VII appears intended to align Ukraine’s food legislation with the food law of the EU.

On 16 September 16, 2014, the Parliaments of the EU and Ukraine ratified the EU-Ukraine Association Agreement (EUAA). The new Ukraine food law appears relevant in the light of the EUAA, Article 474, which provides that the Ukraine will carry-out a gradual approximation of its legislation to EU law.
 
Article 1 of the Law on Food Safety contains provisions on the safety of food, traceability; risk analysis (defined as a process consisting of three interconnected components: risk assessment, risk management and risk communication), the system of hazard analysis and critical control points (HACCP), food supplements,  and novel foods.

New Publication by the WTO: The History and Future of the World Trade Organization

The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with color and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organization, and identifies the key questions that WTO members need to address in the future.

GMO Infographic from axismundionline

References:

AAAS (October 2012) Statement by the AAAS Board of Directors On Labeling of Genetically Modified Foods, Available online at: http://www.aaas.org/sites/default/files/AAAS_GM_statement.pdf (accessed 5th April 2014)

AMA (2001) Bioengineered (Genetically Engineered) Crops and Foods, Available online at:http://www.ama-assn.org/resources/doc/PolicyFinder/policyfiles/HnE/H-480.958.HTM (accessed 5thApril 2014)

WHO (2012) 20 questions on genetically modified foods. Available online at:http://www.who.int/foodsafety/publications/biotech/20questions/en/ (accessed 5th April 2014)

NAS (2004) Safety of Genetically Engineered Foods: Approaches to Assessing Unintended Health Effects. Available online at: http://www.nap.edu/openbook.php?isbn=0309092094 (accessed 5th April 2014)

RSM (2008) Genetically modified plants and human health, Available online at:http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2408621/ (accessed 5th April 2014)

EC (2010) A decade of EU-funded GMO research. Available online at:http://ec.europa.eu/research/biosociety/pdf/a_decade_of_eu-funded_gmo_research.pdf (accessed 5th April 2014)

ACSH (2000) BIOTECHNOLOGY AND FOOD. Available online at:http://acsh.org/2000/09/biotechnology-and-food-second-edition/ (accessed 5th April 2014)

ASPB (Date Unknown) Statement on Plant Genetic Engineering. Available online at:http://c.ymcdn.com/sites/my.aspb.org/resource/group/6d461cb9-5b79-4571-a164-924fa40395a5/statements/genetic_engineering.pdf (accessed 5th April 2014)

ASCB (Date Unknown) ASCB Statement in Support of Research on Genetically Modified Organisms. Available online at: http://www.ascb.org/index.php?option=com_content&view=article&id=315&Itemid=31 (accessed 5th April 2014)

ASM (2000) Statement of the American Society for Microbiology on Genetically Modified Organisms Available online at: http://www.asm.org/index.php?option=com_content&view=article&id=3656&Itemid=341 (accessed 5th April 2014)

CSSA (2001) CSSA PERSPECTIVE ON BIOTECHNOLOGY. Available online at:https://www.crops.org/files/science-policy/cssa-biotech-perspective.pdf (accessed 10th April 2014)

WSF (2005) Genetically Modified Crops and Plant Breeding. Available online at:http://www.worldseed.org/cms/medias/file/PositionPapers/OnSustainableAgriculture/Genetically_Modified_Crops_and_Plant_Breeding_20050601_(En).pdf(accessed 10th April 2014)

CAST (2005) Crop Biotechnology and the Future of Food: A Scientific Assessment. Available online at:https://www.cast-science.org/download.cfm?PublicationID=2922&File=1030a75513ab37030c8f7fb4d6a443729335TR (accessed 10th April 2014)

SIVB (2011) POSITION STATEMENT ON CROP GENETIC ENGINEERING. Available online at:http://www.sivb.org/publicPolicy_CropEngineering.asp (accessed 10th April 2014)

IAS () Position statement on biotechnology. Available online at:http://www.isaaa.org/kc/Publications/htm/articles/Position/isas.htm (accessed 10th April 2014)

FASS (date unknown) FASS Facts: On Biotech Crops – Impact on Meat, Milk and Eggs. Available online at: http://www.fass.org/geneticcrops.pdf (accessed 10th April 2014)

14 Italian Science Organisations (2004) Sicurezza alimentare e OGM: Consensus Document. Available online at: http://www.siga.unina.it/circolari/Consensus_ITA.pdf (accessed 10th April 2014)

SOT (2003) The Safety of Genetically Modified Foods Produced through Biotechnology. Available online at: http://toxsci.oxfordjournals.org/content/71/1/2.full (accessed 10th April 2014)

TWAS (2000) Transgenic Plants and World Agriculture. Available online at:http://www.nap.edu/catalog.php?record_id=9889 (accessed 10th April 2014)

FAS (2002) Les plantes génétiquement modifies. Available online at: http://www.academie-sciences.fr/activite/rapport/rst13_recspe.pdf (accessed 10th April 2014)

UDDADW (2006) InterAcademy Panel Initiative on Genetically Modified Organisms. Available online at:http://www.akademienunion.de/_files/memorandum_gentechnik/GMGeneFood.pdf (accessed 10th April 2014)

ISCU (2003) New Genetics, Food and Agriculture: Scientific Discoveries – Societal Dilemas. Available online at: http://www.icsu.org/publications/reports-and-reviews/new-genetics-food-and-agriculture-scientific-discoveries-societal-dilemas-2003 (accessed April 10th 2014)

Horse meat again

New case of horse meat has been discovered in a Dutch slaughterhouse.

TRENTO LAWTECH COMPARATIVE FOOD LAW SEMINAR 2014

THE INTERNATIONAL AND COMPARATIVE DIMENSION OF FOOD LAW

Location: University of Trento, Faculty of Law, Professor Room - Trento, via Rosmini

Date: Friday, February 21th, 2014

Time: 9.30-12.30

PROGRAM

Introduction
Umberto Izzo, Matteo Ferrari (University of Trento)

Speakers

Neal Fortin (Professor and Director, Institute for Food Laws & Regulations, Michigan State University)
The Perils of Comparative Food Law:  The United States and the European Union

Martin Holle (Professor for Food Law and Administrative Law at Hamburg University of Applied Sciences)
The Consumer Paradigm in Food Law: Time for a Change?

Francesco Planchenstainer (Ph d, Cattolica University of Piacenza, Lawtech Trento)
Legal Responses to Food Safety Emergencies and Crises: A Comparative Assessment of U.S. and E.U. Law  

For more information, visit here. 

10th International Workshop for Young Scholars (WISH) - ‘New Directions in EU and Global Risk Regulation'

The European Law Journal, HEC Paris and the Center for Research on Transnational Law (CTL), Peking University School of Transnational Law (PKUSTL), Peking University Shenzhen Graduate School, are welcoming proposals for presentation at the 10th International Workshop for Young Scholars (WISH)/10ème Rencontre Internationale des Jeunes Chercheurs (RIJC). 

The topic is 'New Directions in EU and Global Risk Regulation: Regulatory Autonomy, Evidence-based Policymaking and International Regulatory Co-operation'. 

The 10th WISH will be held in Paris in December 2014 (date to be determined).

 

The 10th WISH builds on the success of the previous WISH held annually since 2002. It offers outstanding young scholars an opportunity to present their best research work in a professional academic setting to an audience of other young scholars and more senior academics. Selected revised versions of the papers may be published in a special issue of the European Law Journal or in a bilingual edited book (Bruylant, Brussels) destined for an international readership.

 

For more information, please click here. In the meantime, if you have any questions, please contact Cliff Wirajendi at wirajendi@hec.fr

WHO urges stricter rules on food marketing to children

The food industry is ‘exploiting children’ in its marketing of unhealthy food, according to a new report from the World Health Organisation (WHO), which calls for stricter marketing controls, particularly in light of new technologies like smart phone apps and social media. See: http://www.foodnavigator.com/Legislation/WHO-urges-stricter-rules-on-food-marketing-to-children

The full report is available here. 

On the uses and misuses of the precautionary principle: Towards a EU ban on neonicotinoid insecticides

Alberto Alemanno has posted a blog article on risk regulation and EU Law titled, On the uses and misuses of the precautionary principle: Towards a EU ban on neonicotinoid insecticides. The short article is well worth reading for its insights in to both risk regulation and EU law making.

Last Chance to Register - Summer Academy in Global Food Law and Policy

The Summer Academy in Global Food Law and Policy is an established one-week summer program that brings together practitioners, policymakers, industry representatives, and leading academics working in the field of food law and policy. It offers intensive training on the most innovative developments in global food regulation and provides a unique opportunity for professional development and networking in an informal and interdisciplinary setting. By talking, studying, and interacting with food experts from all over the world, participants are able to gain new perspectives into both their own sectors and international regulatory issues. This is achieved by combining traditional classroom instruction with experiential learning opportunities offered by dedicated and distinguished international experts.

The 5th edition of the Academy will take place from Monday, 22 July, to Friday, 26 July, 2013 in Granada, Spain. The choice of this vibrant city will enable participants to benefit from the distinctive beauty of the town’s Unesco World Heritage environment and its privileged geographical location adjacent to the Sierra Nevada. For more information, please visit here.

The Summer Academy may be taken as a 2 or 3 credit, graduate-level course from Michigan State University.  Contact IFLR@msu.edu if you are interested in enrolling for graduate credit. If you wish only to attend as a seminar, enroll here.

Foundations of EU Food Law and Policy

The introductory chapter to Alberto Alemanno’s forthcoming book, “Foundations of EU Food Law and Policy,” is available here on SSRN. The book gathers the viewpoints of academics, policymakers, industry representatives, and food practitioners on the first ten years of the European Food Safety Authority.

“Despite the celebratory mood, the book provides forward-looking views on the future scientific and regulatory challenges facing the Authority. Overall, the Authority emerges as belonging to a balanced, yet improvable, food legal system that deserves permanent scrutiny, guidance and judgment. That is the expectation of 500 million EU citizens, the daily clients of this very system.” Foundations of EU Food Law and Policy - Ten Years of European Food Safety Authority by Alberto Alemanno

Australian infographic on the horsemeat scandal

Infographic provided by Australian Food Safety News

EAACI issues European Food Allergy & Anaphylaxis Public Declaration

The European Academy of Allergy and Clinical Immunology’s (EAACI) calls on European and national health policy makers to take up the cause of food allergy. Public Declaration forms part of EAACI’s 2012-2013 Food Allergy and Anaphylaxis Campaign. The goal of the campaign is to enhance knowledge of food allergy in the European community, as well as awareness on the sharp increase of food allergy and the triggers of anaphylaxis among policy makers and to educate the public on how to react in case of emergency. Throughout 2013, EAACI, Europe’s largest allergy medical association, will be reaching out to EU officials, providing recommendations and asking them to take concrete actions to improve the management and treatment of food allergies and anaphylaxis.  In part - EAACI aims to challenge certain aspects of current EU food labelling directives, which it feels, are insufficient in preventing the accidental consumption of allergens. Currently, some foods have the label “may contain peanuts” or “may contain milk” but this type of labelling (precautionary labelling) is not sufficiently regulated at the EU level. Labelling is an essential part of food allergy management for the sufferer and has an important impact on how they manage their diets. EAACI believes that the EU should set clear guidelines for labelling foodstuffs for allergens. This includes products which may contain allergen derivatives and should be clearly linked to the name of the allergen to avoid confusion. Additionally, to facilitate readability, EAACI advises that the typeset used to flag allergens should differ from the one used for other ingredients Read more here. Also available in French, Spanish, Italian and German.

The Summer Academy in Global Food Law & Policy is an established one-week summer program that brings together practitioners, policymakers, industry representatives, and leading academics working in the field of food law and policy. It offers intensive training on the most innovative developments in global food regulation and provides a unique opportunity for professional development and networking in an informal and interdisciplinary setting. By talking, studying, and interacting with food experts from all over the world, participants are able to gain new perspectives into both their own sectors and international regulatory issues. This is achieved by combining traditional classroom instruction with experiential learning opportunities offered by dedicated and distinguished international experts.

 

The 5th edition of the Academy will take place from Monday, 22 July, to Friday, 26 July, 2013 in Granada, Spain. The choice of this vibrant city will enable participants to benefit from the distinctive beauty of the town’s Unesco World Heritage environment and its privileged geographical location adjacent to the Sierra Nevada. For more information, please visit here.

 

The Summer Academy may be taken as a 2 or 3 credit, graduate-level course from Michigan State University.  Contact IFLR@msu.edu if you are interested in enrolling for graduate credit. If you wish only to attend as a seminar, enroll here.

WTO rules against U.S. appeal on country-of-origin labeling

(Photo credit: Wikipedia)
The WTO Appellate Body that upheld an earlier WTO finding that mandatory country of origin labeling (COOL) for livestock violates U.S. WTO obligations. Under the U.S. COOL law in force since March 2009, food processors must identify the nations from which cattle, hogs, and some fresh produce originate. Canada and Mexico said the provisions impose unjust costs on their exports, reducing their competitiveness. WTO judges agreed on Nov. 18 that beef and pork from Canada and Mexico were treated less favorably than the same U.S. products. From the WTO summary:

In its analysis under Article 2.1 of the TBT Agreement, the Appellate Body agreed with the Panel that the COOL measure has a detrimental impact on imported livestock because its recordkeeping and verification requirements create an incentive for processors to use exclusively domestic livestock, and a disincentive against using like imported livestock.  The Appellate Body found, however, that the Panel's analysis was incomplete because the Panel did not go on to consider whether this de facto detrimental impact stems exclusively from a legitimate regulatory distinction, in which case it would not violate Article 2.1.  In its own analysis, the Appellate Body found that the COOL measure lacks even-handedness because its recordkeeping and verification requirements impose a disproportionate burden on upstream producers and processors of livestock as compared to the information conveyed to consumers through the mandatory labelling requirements for meat sold at the retail level.  That is, although a large amount of information must be tracked and transmitted by upstream producers for purposes of providing consumers with information on origin, only a small amount of this information is actually communicated to consumers in an understandable or accurate manner, including because a considerable proportion of meat sold in the United States is not subject to the COOL measure's labeling requirements at all.  Accordingly, the detrimental impact on imported livestock cannot be said to stem exclusively from a legitimate regulatory distinction, and instead reflects discrimination in violation of Article 2.1.  For these reasons, the Appellate Body upheld the Panel's finding under Article 2.1.

In its analysis under Article 2.2 of the TBT Agreement, the Appellate Body found that the Panel properly identified the objective of the COOL measure as being “to provide consumer information on origin”.  The Appellate Body found, however, that the Panel erred in its interpretation and application of Article 2.2.  This was because the Panel appeared to have considered, incorrectly, that a measure could be consistent with Article 2.2 only if it fulfilled its objective completely or exceeded some minimum level of fulfillment, and to have ignored its own findings, which demonstrated that the COOL measure does contribute, at least to some extent, to achieving its objective.  The Appellate Body therefore reversed the Panel's finding that the COOL measure is inconsistent with Article 2.2, but was unable to determine whether the COOL measure is more trade restrictive than necessary to fulfill a legitimate objective within the meaning of Article 2.2.

The appellate body ruling is available here.

CANADA Updates to the food labelling and advertising information

Updates made to the food labelling and advertising information / mises a jour apportées à l'information sur l'étiquetage et la publicité

 

There have been several updates made to the food labelling and advertising information.  Please refer to the Updates page at http://www.inspection.gc.ca/english/fssa/labeti/amende.shtml for detailed information.

 

2012

Item	Nature of Changes	Date
Compliance and Enforcement of Gluten-Free Claims	Posted information on Canadian Food Inspection Agency (CFIA) Compliance and Enforcement of Gluten-Free Claims	June 2012
Consultation on the Guidelines for Highlighted Ingredients and Flavours	Posting of the Guidelines for Highlighted Ingredients and Flavours for public comments	June 2012
Origin Claims Information	Consolidated information on Origin Claims and provided additional information on the use of voluntary multiple country of origin statements	May 2012
Country of Origin Labelling Information	To provide information on country of origin labelling requirements, a new webpage on Country of Origin Labellinghas been added	May 2012
"Product of Canada" and "Made in Canada" Labelling Information	Consolidated information on "Product of Canada" and "Made in Canada" Labelling including the Guidelines for "Product of Canada" and "Made in Canada" Claims	May 2012
Labelling of Genetically Engineered Foods in Canada Factsheet	Consolidated the previous two factsheets on the labelling of genetically engineered foods and voluntary labelling of products of genetic engineereing into one factsheet called Labelling of Genetically Engineered Foods in Canada	May 2012
Food Irradiation Information	Consolidated information on Food Irradiation	May 2012
Method of Production Information	Consolidated information on claims and statements related toMethod of Production and provided additional guidance on the use of "Halal" claims	May 2012
Legibility and Location of Labelling Information	Consolidated information on Legibility and Location of Labelling Information and provided additional guidance on the legibility and location requirements for mandatory and voluntary labelling information on food labels	April 2012
Date Markings Information	Consolidated information on Date Markings and provided additional guidance on the date marking requirements for foods including shipping containers and modified atmosphere packaged foods	April 2012
Bilingual Labelling Information	Consolidated information on Bilingual Labelling and provided additional guidance on bilingual labelling of voluntary information and the exemption from bilingual labelling for local foods	April 2012
Results from Web Questionnaire	Posting of the Results from the Web Questionnaire	April 2012
Chapter 6 Guide to Food Labelling and Advertising	Addition of Barley Beta-Glucan Concentrate (partially hydrolysed) BarlivTM Barley Betafiber to Table 6-12	February 2012
Consultation on Wine Labelling	Posting of the Consultation on Wine Labelling for public comments	January 2012

EFSA Refute France's Justification for Ban on GM Maize Variety

In 2008, France banned the the strain MON 810, but this was overturned by a French court in 2011. Citing risks to environmental health, French Agricultural Minister Bruno Le Maire in March 2012 reinstated a ban against this variety of GM maize. 

Following a request of the European Commission, the European Food Safety Authority (EFSA) evaluated documentation submitted by France in support of its request for the prohibition of marketing the genetically modified maize MON 810 under Article 34 of Regulation (EC) No 1829/2003. The EFSA GMO Panel notes that some publications referred to by France were already part of the submission package by France for its safeguard clause and emergency measure on maize MON 810 in 2008. Those publications were addressed previously by the EFSA GMO Panel in its 2008 Scientific Opinion on the safeguard clause and emergency measure notified by France on maize MON 810. 

In the remaining documentation provided by France, the EFSA GMO Panel could not identify any new science-based evidence indicating that maize MON 810 cultivation in the EU poses a significant and imminent risk to the human and animal health or the environment. With regard to issues related to management and monitoring of maize MON 810, the EFSA GMO Panel refers to its recent recommendations for management and monitoring measures of maize MON 810. 

In conclusion, the EFSA GMO Panel considers that, based on the documentation submitted by France, there is no specific scientific evidence, in terms of risk to human and animal health or the environment, that would support the notification of an emergency measure under Article 34 of Regulation (EC) No 1829/2003 and that would invalidate its previous risk assessments of maize MON 810. The EFSA report is available here.

Food Law Short Course & Seminar
	» Hurry, registration is limited Michigan State University - East Lansing, Michigan The program consists of two courses, a U.S. food law short course, and a food regulation current issues seminar. Participants may choose to take one or both. The courses are offered in a collegial, intimate learning environment. U.S. Food Law Short Course July 16-17 (Monday-Tuesday) 2012 The U.S. Food Law Short Course is designed as an introduction to U.S. food laws and regulations for professionals in the field. It is well suited for those new to the field but also comprehensive enough on the essential elements of food law to provide a refresher course for the experienced professional. Food Regulation Current Issues Seminar  July 18-19 (Wednesday-Thursday) 2012 The Food Regulation Current Issues Seminar provides practical education on current food legal and regulatory issues. The topics cover cutting edge issues of food regulation, involving FDA, USDA, advertising, and global issues. Speakers from the legal, government, food industry, and academic professions will present practical food safety and food law information and case studies.  For more information, click here or Register Online Free Bonus U.S. Food Law Short Course participants will receive a copy of the book, Food Regulation: Law, Science, Policy, and Practice by Neal Fortin. The book provides an accessible discussion of the federal statutes, regulations, and agencies involved in food regulation in the United States. The Instructors David ACHESON, Partner at Leavitt Partners, former Assistant Commissioner for Food Protection, FDA Les BOURQUIN, Professor of Food Safety, Michigan State University Ricardo CARVAJAL, Attorney and Director, Hyman, Phelps & McNamara, P.C. Roger CLEMENS, Chief Scientific Officer, Horn; President, Institute of Food Technologists Nicole COUTRELIS, Lawyer and Partner, Coutrelis & Associes, Paris and Brussels Neal FORTIN, Attorney, Professor and Director, Institute for Food Laws and Regulations P. Vincent HEGARTY, Founding Director and Professor Emeritus, Institute for Food Laws and Regulation James E. HOADLEY, Senior Consultant, EAS Consultant Group Steve KLUTING, Attorney and Partner, Varnum, LLP Janine LEWIS, Principal Nutritionist, Food Standards Australia New Zealand Scott J. MACINTYRE (invited), District Director, U.S. Food and Drug Administration Kenneth ODZA, Corporate Counsel, Food Safety, Kellogg Company F. Edward SCARBROUGH, Principal, Scarbrough Consultants, former U.S. Manager for Codex and Director Jenny SCOTT (invited), Senior Advisor, Office of Food Safety, FDA CFSAN John SPINK, Director, Packaging for Food and Product Protection Initiative, MSU Steve STEINBORN, Attorney and Partner, Hogan Lovells, US, LLP Charles WOODHOUSE, Attorney and Partner, Woodhouse Shanahan PA Cathy WEIR, Global Regulatory Associate Director, Mead Johnson Nutrition Gerald WOJTALA, Executive Director, International Food Protection Training Institute About IFLR  Learn more about IFLR at: www.IFLR.msu.edu or call (517) 355-8295       Email: IFLR@msu.edu                       Telephone: (517) 355-8295 Fax: (517) 432-1492                        web: www.IFLR.msu.edu   Institute for Food Laws and Regulation Michigan State University, 139 G.M. Trout Building, East Lansing, MI 48824

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FDA to Convene a FSMA Public Meeting on International Capacity Building with Respect to Food Safety

The U.S. Food and Drug Administration (FDA) has announced a Food Safety Modernization Act (FSMA) Public Meeting on International Capacity Building with Respect to Food Safety. The meeting will be held on June 19, 2012, 9:00 am - 5:00 pm, at the L'Enfant Plaza Hotel, 480 L'Enfant Plaza, S.W., Washington, DC. Read more information on the FSMA International Capacity Building Public Meeting.

For more information on FDA's Food Safety Modernization Act, visit http://www.fda.gov/fsma.

2nd HEC Paris Workshop on Regulating Lifestyle Risks - Call for Papers

Call For Papers
2nd HEC Paris Workshop on Regulation

Regulating Lifestyle Risks in Europe: The Case of Alcohol, Tobacco and Unhealthy Diets 

HEC Paris, 27 and 28 September 2012 

In September 2011, the UN General Assembly declared that the global burden and threat of non-communicable diseases (NCDs) constituted one of the major challenges for development in the twenty-first century: in 2008, 36 of the 57 million deaths globally (63%) were attributed to NCDs, including cardiovascular diseases, cancers, chronic respiratory diseases and diabetes. By recognizing NCDs as largely preventable, it urged the international community to take action at global, regional and national levels to prevent and control their surge. To this end it recommended the adoption of a 'regulatory mix' of multi-sectoral, cost-effective, population-wide interventions in order to reduce the impact of the common NCD risk factors, namely tobacco use, harmful use of alcohol, unhealthy diets and lack of physical activity. Yet how to respond to the growing incidence of NCDs is a major source of complexities in risk analysis and regulatory decision-making: the conditions in which people live, poverty, uneven distribution of wealth, lack of education, rapid urbanization and population ageing, as well as the economic, social, gender, political, behavioral and environmental determinants of health are all contributory factors to the prevalence of NCDs. At the same time, the legitimacy, the effectiveness as well as the design of any regulatory intervention aimed at promoting healthier lifestyle remainhighly contested. 

The European Union has recently recognized the growing impact of NCDs on the EU's economy and the well-being of its citizens and has consequently started to develop policies intended to tackle the four main factors to which they are linked. Nevertheless, if common themes emerge between the different EU policies intended to promote healthier lifestyles, no attempt has yet been made to systematize them. 

We therefore propose to hold a two-day workshop with selected speakers and discussants to identify horizontal, common themes and determine whether the lessons learned in relation to each area of EU intervention may be transposed to the others. More generally, this workshop will offer an opportunity for researchers (PhD students, post-docs, researchers and established academics), policy makers and other stakeholders to reflect on the role which the European Union should play in promoting healthier lifestyles, in light of the moral, philosophical, legal and political challenges associated with the regulation of individual choices. Special attention will be paid to the role that the relevant industries may realistically be called to play in tackling the rising tide of NCDs.

THEMES: The questions the workshop will focus on include (but are not limited to):
- the role of the EU in promoting healthier lifestyle and how powers should be shared between the EU and its Member States in public health matters;
- the role of consumer information, taxation, reformulation and marketing restrictions with regard to tobacco, alcohol and unhealthy food in promoting healthier lifestyles and their impact on the EU internal market;
- the international role the EU can/should play and its relationship with the World Health Organization and other international organizations, as a result of the conclusion of the Framework Convention on Tobacco Control (FCTC), the 2004 WHO Global Strategy on Diet, Physical Activity and Health and the 2007 WHO Global Strategy to Reduce Harmful Use of Alcohol;
- identification of the drivers behind the emergence of an EU lifestyle policy: is there an economic case for regulating lifestyle health risk determinants?
- the role of the EU impact assessment system in the preparation of legislative proposals and rule-making;
- the role played by the principles of transparency, consultation, and proportionality in ensuring that the legitimate interests of key stakeholders are sufficiently taken into account;
- the role of various stakeholders in supporting healthier lifestyles, including the role of the EU Platform for Action on Diet, Physical Activity and Health and the EU Alcohol and Health Forum;
- the assessment of different policy initiatives to determine the most appropriate forms of intervention (statutory regulation, self-regulation, co-regulation, nudges) in relevant policy areas;
- the challenge of integrating the findings of behavioral research into lifestyle policy-making, in particular the potential role and legitimacy of nudge-inspired measures in changing individual behavior and establishing social norms;
- the extent to which tobacco control may represent a blueprint for the regulation of lifestyle risks in the EU; - what the specific characteristics of EU regulation are that make problems easier or harder to solve than at national level;
- the extent to which the particular vulnerability of children requires a targeted regulatory intervention;
- the role the right to health and other fundamental rights should play in the debate;
- the impact of lifestyle regulation policies on the IP system, such as trademarks, and technological innovation, such as e-cigarettes, food reformulation and food supplements;
- the extent to which it is beneficial and justified to talk about an emerging EU lifestyle policy;
- the constraints imposed by the WTO Agreements to the emergence of a EU lifestyle regulation policy. 

ORGANISERS:
- Alberto Alemanno, Associate Professor of Law at HEC Paris and Editor of the European Journal of Risk Regulation
- Amandine Garde, Senior Lecturer in Law and Director of the Durham European Law Institute, Durham University 

EVENT: The event will consist of a two-day workshop to be held at HEC Paris Campus on 27 and 28 September 2012. The workshop is supported by the Jean Monnet Chair in EU Law & Risk Regulation as well as by the HEC Paris Foundation. 

OUTCOMES: It is anticipated that the papers presented at the workshop will form the basis of an edited collection. 

PROPOSAL SUBMISSION PROCEDURE: Please submit an abstract of between 300 and 500 words, including a title, to Alberto Alemanno, alemanno@hec.fr and Amandine Garde, amandine.garde@durham.ac.uk by Tuesday 22nd May 2012.