Abstract
The health problems, due to obesity and overweight (NCD), which cross the countries worldwide faces the challenge of applying different measures and restrictions, and at the same time raises the question whether these measures and restrictions are compatible with WTO and other commitments. Nowadays trade restrictions should not be justified based only on the industry process but rather in the ingredients and quality of those food contents, when the critical nutrients ingredients exceed a healthy threshold. The justification for the restrictive measures of the SPS agreement has been applied both in food labelling formats and in other formats, to address NDCs and whether similar restrictions can be applied to ultra-processed foods, such as those that have been applied in the past to the tobacco consumption, without breaking commitments.
Highlights
The health problems, due to obesity and overweight (NCD), which cross the countries worldwide faces the challenge of applying different measures and restrictions, and at the same time raises the question whether these measures and restrictions are compatible with with national laws (WTO) and other commitments
The justification for the restrictive measures of the Sanitary and Phytosanitary Standards (SPS) agreement has been applied both in food labelling formats and in other formats, to address NDCs and whether similar restrictions can be applied to ultra-processed foods, such as those that have been applied in the past to the tobacco consumption, without breaking commitments
Analyse the ultra-processed foods (UPF) and beverage limitations that nowadays in some counties contain restriction on sales in schools; food labels and a ban on advertising including the use of certain images intended for children, pose a growing challenge of complying with WTO commitments and evaluating whether they are appropriately limited to UPF
Summary
Overweight and obesity have become one of the biggest challenges for public health policies recent data show alarming growth of obesity rates by 2030: the US 47%, Mexico 39%, the United Kingdom 35%, Canada 29% (OCDE, 2017). Addressing concerns related to good quality food (safety and security), standards and composition, there are existing regulations under WTO, relevant Agreements on Sanitary and Phytosanitary Standards (SPS), Technical Barriers to Trade (TBT), the Codex Alimentarius and the TRIPs should be duly considered and fulfilled. These commitments regulate the appropriate use of measures that, the search for the legitimate objective of protecting the health and nutrition of the population, this does not imply that the authorities may establish discriminatory restrictions or that unduly affect trade. The current Covid-19 pandemic is becoming part of the same Syndemic, preliminary data show increasing hunger, overweight and obesity, the final confirmation of real effects is open for future research
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