Abstract
The regulation of trans fats sets an interesting precedent for the regulation of other legal but harmful food ingredients, such as salt, sugar and saturated fat. In this paper, we distinguish three regulatory measures to reduce such ingredients in food and population intakes: the labelling of an ingredient, a limit on the amount of the ingredient in food products and a ban on the production technology that creates the ingredient. We will compare the regulations promulgated in the US and in the EU to reduce trans fats in food and population intakes. This comparison will identify a common focus on scientific risk assessment and precautionary action but a different orientation towards regulating the internal market and towards producer interests. The comparison also lays bare differences in the regulatory systems of the US and the EU that may inspire US and EU regulators to reflect on possible improvements for future fights against legal but harmful food ingredients.
Highlights
A Dutch slice of cheese, a French croissant, an Italian pizza or an American burger, each of these tasty food products contain high levels of trans fatty acids
As we have identified different regulatory measures to decrease trans fat intakes, we will discuss the regulatory measures that are taken in the US
In 2003 the Food and Drug Administration (FDA) finalised its ruling requiring trans fat labelling and in 2015 the FDA has ruled that partially hydrogenated fats or oils (PHOs) are no longer generally recognised as safe, resulting in a ban of PHOs in all food products unless the FDA approves for specific use
Summary
A Dutch slice of cheese, a French croissant, an Italian pizza or an American burger, each of these tasty food products contain high levels of trans fatty acids (trans fats). By setting a legislative limit on the trans fat content in food products in 2003, Denmark was the first European Member State and the first country in the world to introduce a policy in the fight against trans fats. Another jurisdictional area at the forefront of the fight against trans fats is the US. An understanding of the similarities and differences between the regulatory approaches of the US and the EU on the basis of these principles and orientations can inform future decision-making about the regulation of other legal but harmful food ingredients. We will conclude this paper with some comments and recommendations for future decisionmaking on legal but harmful food ingredients
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