Public Consultation: Industrially-produced trans fats in processed foods

Kindly refer to the George Institute for Global Health submission for recent Australian packaged food data (using the FoodSwitch database) and to the University of Auckland submission for recent New Zealand packaged food and food service data (using the Nutritrack database). FoodSwitch & Nutritrack database are independent of industry. Those databases can only report on trans fat content based on what information industry chooses to make available about their products. This further highlights the need for better monitoring (public or government led), which does not rely on industry self-reporting and/or the voluntary declaration of trans fat content.

We strongly recommend that “or reduced as much as possible” be deleted from the draft objective to confirm its ambition. That is, we support the following objective:

“Industrially produced trans fats have been eliminated from the food supply in Australia and New Zealand to support all population groups to minimise consumption of trans fats.”

Elimination must be the explicit aim as it offers the optimal level of health protection, aligns with WHO policies and recommendations(5,10) and has demonstrably been achieved elsewhere.(3,9)

5. World Health Organization. Political declaration of the third high-level meeting of the General Assembly on the prevention and control of non-communicable diseases, and mental health - Draft updated menu of policy options and cost-effective interventions for the prevention and control of noncommunicable diseases [Internet]. 2023 [cited 2023 Sep 8]. Available from: https://apps.who.int/gb/ebwha/pdf_files/EB152/B152_6-en.pdf.

10. World Health Organization. Technical briefing for Appendix 3 of the Global Action Plan for Non-Communicable Diseases - Interventions to promote healthy diet. [Internet]. 2022 [cited 2023 Sep 8]. Available from: https:/cdn.who.int/media/docs/default-source/ncds/mnd/technical-brief-unhealthy-diet.pdf.

3. Resolve to Save Lives. Resolve to Save Lives. 2022 [cited 2023 Sep 8]. Implementing And Enforcing Trans Fat Elimination Policies – Case Stud. Available from: https://resolvetosavelives.org/assets/Resources/tfa_implementation.pdf.

9. Downs SM, Bloem MZ, Zheng M, Catterall E, Thomas B, Veerman L, et al. The Impact of Policies to Reduce trans Fat Consumption: A Systematic Review of the Evidence. Curr Dev Nutr. 2017 Dec;1(12):cdn.117.000778.

We recommended, alongside any option, that labelling requirements be updated to mandate the inclusion of trans fats in the nutrition information panel and/or that any process altering the fatty acid content of any ingredient, and the extent of that processing, be specified in the ingredients list.
While improved labelling is necessary for effective monitoring of any of the options outlined in the options paper, the appropriate labelling that should be implemented depends on the option/s followed.

1. The inclusion of trans fats in the nutrition information panel (as recommended by the final report of the Blewett review, “Labelling Logic”, in 2011)(11) will be of more direct use but may be more difficult and expensive to quantify thus burdensome on industry and government. However, the inclusion of a specific reference to a process that changes fatty acid content should be far simpler for industry to implement, assuming they possess information on the ingredients they use, although by itself does not provide sufficient insight into the trans fats content of a product.

2. If the use of partially hydrogenated oils is prohibited, a tax on trans-fat content should not be considered further, while import restrictions should apply in this case anyway.

3. If a compositional limit is applied, import restrictions and a tax on trans-fat content should be adopted, even if implementation is difficult.

4. If the voluntary option is selected, then import restrictions and tax on trans-fat content should be adopted, even if implementation difficult. Education campaigns will also be essential.

None of these four options, either in isolation, in combination with each other or in addition to a voluntary reformulation program would achieve the same level of health protection as the mandatory options outlined in the options paper (trans fat limit or ban on use of partially hydrogenated oil).

11. Blewett N, Goddard N, Pettigrew S, Reynolds C. Labelling Logic: Review of Food Labelling Law and Policy . Canberra; 2011.

We strongly recommend that a complete prohibition on the use of partially hydrogenated oils in all settings be implemented. We agree with the analysis and conclusion presented in the options paper, that “prohibiting use of partially hydrogenated oils (Option 6.4) has the greatest potential to achieve the objective” and consider that this must be the preferred policy option recommended to Food Ministers.

This is unambiguously the best option to meaningfully reduce and ultimately eliminate intake of industrially produced trans fats in Australia and New Zealand. It offers the maximum level of health protection, will best meet the desired outcome, aligns with best practice, and has been readily implemented around the world.

The second-best option is a mandatory limit on trans fats content, which has also proven to be effective internationally. However, we note that this option will be more difficult to implement and monitor than a ban on partially hydrogenated oils.

We do not support the status quo or a voluntary reformulation program, as neither will meaningfully reduce industrially produced trans fats content and intakes in Australia and New Zealand.

We commend Food Ministers and the Food Regulation Standing Committee for their commitment to removing industrially produced trans fats from the Australian and New Zealand food supplies, which will save lives. The options paper is well-evidenced, with its analysis of the options and conclusions clear and objective.
The way forward is now perfectly obvious – mandatory action, in line with WHO recommendations, must be taken. We are already significantly behind other countries’ efforts; only Australia, New Zealand, Japan, and South Korea remain amongst high-income countries that have not taken effective action on trans fats, while many low- and middle-income countries have successfully introduced best practice policies.(9)
• Mandatory action has proven to be effective, cost-effective, and equitable in many settings around the world. A complete prohibition on the use of partially hydrogenated oil in all settings will be easy for industry to implement and government to monitor.
• A limit on trans-fat content, set to the WHO-recommended level of 2% of total fats content, is a suitable second option but will be more difficult to implement and evaluate. Voluntary reformulation options will not achieve the same level of health protection and cannot be supported.

9. Downs SM, Bloem MZ, Zheng M, Catterall E, Thomas B, Veerman L, et al. The Impact of Policies to Reduce trans Fat Consumption: A Systematic Review of the Evidence. Curr Dev Nutr. 2017 Dec;1(12):cdn.117.000778.