Abstract
Obesity levels in England are significantly higher than in much of the rest of Europe. This article examines aspects of the physical and cultural context of food consumption in England, and the evolution of government policy on obesity, as a background to an analysis of how law might play a role in obesity prevention. Research suggests that individual food choices are associated with cultural and socio-economic circumstances and that they can be manipulated by advertising, food packaging and presentation. This suggests that there might be ways of using law to manage the influences on food choices, and of using law in support of strategies to redirect food choices towards healthy food products. Law is a particularly useful tool in the protection of the individual against the economic power of the food industry, and there is much that law can do to change the physical, economic and social environment of food consumption.
Highlights
While obesity levels in Europe are generally lower than those in the United States and Australia [1], the prevalence of obesity is increasing
Research demonstrates that individual food choices are associated with socio-economic circumstances and food cultures [6]
Food choices can be negatively manipulated by advertising, food packaging and presentation of food content [7]
Summary
While obesity levels in Europe are generally lower than those in the United States and Australia [1], the prevalence of obesity is increasing. English law currently prevents baby milk products from being prescribed for supply by pharmaceutical services [87] and prohibits the advertising of milk products for infants under 6 months of age [88], but does not regulate 'follow on' milk formula products for babies over 6 months or the use of baby milk logos in health literature and elsewhere Organisations such as UNICEF, The National Childbirth Trust and Save the Children UK are calling for stronger legal protection http://www.anzhealthpolicy.com/content/5/1/21 for new mothers against pressure to feed their babies infant formula [89]. Food safety legislation deals with the safety element of food and not the nutritional content, and so provides no remedy for obesity In his 'Healthy Living' speech, Tony Blair acknowledged that people can only choose health if they are given accurate information on which to base their choices. National government initiatives may be overtaken by EU developments on the Television Without Frontiers Directive which aim to amend regulations on the protection of minors, applicable to all audiovisual services in Europe [120]
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