Public Consultation: Industrially-produced trans fats in processed foods

The National Retail Association is a not-for-profit organisation that represents the interests of retailers across Australia.

We exist to support, inform, protect and represent the interests of retailers and fast food businesses. We understand the issues and opportunities facing retailers every day.

The retail industry plays a huge role in Australia’s economy, employment and greater livelihood and we are dedicated to helping unite retailers and stakeholders for the success of the industry now, and for the future.

While not specific to Australia New Zealand, this systematic review of randomised controlled trials has recently been published on the issue (https://pubmed.ncbi.nlm.nih.gov/33081490/):

Verneque BJF, Machado AM, de Abreu Silva L, Lopes ACS, Duarte CK. Ruminant and industrial trans-fatty acids consumption and cardiometabolic risk markers: A systematic review. Crit Rev Food Sci Nutr. 2022;62(8):2050-2060.

https://pubmed.ncbi.nlm.nih.gov/17468090/

Flood VM, Webb KL, Rochtchina E, Kelly B, Mitchell P. Fatty acid intakes and food sources in a population of older Australians. Asia Pac J Clin Nutr. 2007;16(2):322-30. PMID: 17468090.

Nutrition Information is voluntarily provided on-line by most quick service restaurants in Australia.

The information provided is in-line with Food Standard 1.2.8 5(1).

In-line with 1.2.8 5(4), specific fatty acid content is declared if a claim is made about cholesterol, or a specific fatty acid.

For example, see:

Subway - https://www.subway.com/-/media/Australia/Documents/Nutritionals/AUS-Nutritional-Summary.pdf

McDonalds - https://mcdonalds.com.au/our-impact/food-quality-sourcing/nutrition

Hungry Jacks - https://www.hungryjacks.com.au/nutrition-info

Domino's - https://www.dominos.com.au/menu/nutritional-information

Guzman Y Gomez - https://www.guzmanygomez.com.au/wp-content/uploads/2023/08/Nutritional-Allergen-Guide_Aug2023.pdf

The majority of quick service restaurants in Australia replaced fats/oils that contained trans fats with varieties that contained less than 0.5%.

Additionally, they introduced quality control measures to remove trans fats from fats/oils that had been produced in situ (e.g., within deep fryer's), to further ensure customers are not exposed to unsafe levels.

It is not realistic to think that industrially produced trans fats can be completely eliminated from the food supply.

Therefore, the objective should be slightly amended:

"Industrially-produced trans fats have been reduced as much as possible from the food supply in Australia and New Zealand to support all population groups to minimise consumption of trans fats. "

It would be possible to develop an industry code of practice to reduce the trans fatty content of the Australian / New Zealand food supply.

It is conjecture that retailers will use cheaper oils containing trans fats.

Most companies have long-term agreements with ingredient suppliers.

Significant resources have been invested to reduce the trans fat content of existing menu items.

There are contradictory statements about the cost of replacing fats/oils higher in trans fats with healthier alternatives.

It is generally stated throughout the text that "costs to industry would be limited to minority of the industry and only affected manufacturers would bear this cost".

Given the current inflationary environment in Australia, there is no guarantee that any increased costs to industry won't have to be passed on to consumers.

Throughout the text, the fact that trans fats also contribute to the texture of foods is overlooked. Trans-esterification is done to alter the texture of unsaturated fats to give them a texture similar to saturated fats. This also affects melting points. These organoleptic properties are important to consumers. It is also potentially the reason why saturated fats may be used as a replacement for fats/oils higher in trans fats, as they provide similar textures and melting points.

Addition of approved food additives, and/or changes to manufacturing techniques, may be required to prevent adverse changes to food textures as a result of reducing trans / saturated fat content.

Australian retail outlets already have been involved in voluntary reformulation and they will continue to be involved as much as is practicable.

Changing ingredients takes time, resources and may end up increasing costs.

In the current inflationary environment, these costs may need to be passed on to consumers.

Product re-formulation, supply chain changes and roll out to retailers takes 2-3 years on average.

Unsaturated fats low in trans fats may be more expensive at present.

Costs may need to be passed on to consumers, as many retailer's margins are already being squeezed.

This may further increase prices, exacerbating food inflation.

This will disproportionately affect people from lower socio-economic backgrounds.

Retail needs to be involved with the implementation:

Quick service restaurants
Convenience stores
Other businesses that provide ready-to-eat food direct to the public (including many supermarkets)

Involving the National Retail Association in the Healthy Food Partnership will facilitate the process

As discussed above (Section 4.2, Questions 9a-9e):

Costs are discussed in a contradictory manner, assuming that they will all be borne by the manufacturer/retailer, and not passed on to consumers.

Texture is not considered, yet trans-esterification is done to alter the texture and melting point of unsaturated fats.

As for Section 4.2, Questions 9

As for Section 4.2, Questions 9

As for Section 4.2, Questions 9

As for Section 4.2, Questions 9

As per answers to Section 4.2, Questions 9, the assumptions that taste/texture/melting point won't be affected and there will be no costs to consumers are not covered adequately.

As per answers to Section 4.2, Questions 9

As per answers to Section 4.2, Questions 9

As per answers to Section 4.2, Questions 9

As per answers to Section 4.2, Questions 9

Not all saturated fats are detrimental to health. A useful review of the scientific evidence from clinical trials can be found at https://pubmed.ncbi.nlm.nih.gov/12716665/

Mensink RP, Zock PL, Kester AD, Katan MB. Effects of dietary fatty acids and carbohydrates on the ratio of serum total to HDL cholesterol and on serum lipids and apolipoproteins: a meta-analysis of 60 controlled trials. Am J Clin Nutr. 2003 May;77(5):1146-55.

The reason fats/oils higher in saturated fats may be used to replace those higher in trans fats is due to their similar textural properties - they are both solid / semi-solid at room temperature and have similar mouth feel - important organoleptic properties that should not be overlooked.

Not all saturated fats are detrimental to health. A useful review of the scientific evidence from clinical trials is (https://pubmed.ncbi.nlm.nih.gov/12716665/):

Mensink RP, Zock PL, Kester AD, Katan MB. Effects of dietary fatty acids and carbohydrates on the ratio of serum total to HDL cholesterol and on serum lipids and apolipoproteins: a meta-analysis of 60 controlled trials. Am J Clin Nutr. 2003 May;77(5):1146-55.

As discussed previously, the assumption that all costs of replacing most trans fats from the Australian / NZ food supply will be passed on to manufacturers is naive given the current inflationary environment.

Voluntary reformulation has been successful in Australia over the past ~3 decades, with average trans fatty acid consumption being within WHO Guidelines according to the population survey data that are available.

New National Nutrition Survey data will be available for Australia in the near future, and the trans fatty content of the Australian diet can be re-assessed, including intakes in vulnerable groups.

In the meantime, Australian food manufacturers and retailers can continue to pursue voluntary trans fat reformulation programs.

This will provide a pragmatic balance between taste/texture/mouth feel, affordability and health/safety for the Australian public.

The alternate option of a voluntary code of practice could be considered.