Upcoming Conferences: Governing Food

Governing Food

Governing Food: The Role of Law, Regulation and Policy in Meeting 21st Century Challenges to the Food Supply

Dates: Tuesday 1st November – Thursday 3rd November 2016

Venue: Sydney Law School

Sydney Health Law is hosting the Governing Food Conference in November this year, in conjunction with the University of Sydney’s Charles Perkins Centre and with sponsorship from The George Institute for Global Health.

 Governing Food will bring together researchers and practitioners from a range of disciplines to explore the role of law, regulation and policy in promoting a healthy, safe and sustainable food supply. The conference will be opened by a public keynote address on Tuesday the 1st of November, to be delivered by Professor Corinna Hawkes from the Centre for Food Policy at City University London. The main days of the conference will be Wednesday the 2nd of November and Thursday the 3rd of November.

The call for abstracts and further details about the conference can be found at this address. You can also contact Dr Belinda Reeve in relation to any questions about the conference: belinda.reeve@sydney.edu.au.

We hope to see you there!

 

ABAC Complaints Panel won’t consider complaint about Diageo Australia spamming 3 year-old with Bundaberg Rum video-advert

It’s official.  Spamming children with alcohol advertisements does not breach the ABAC Code, the alcohol industry’s swiss-cheese voluntary standard for alcohol advertising regulation.

The Chief Adjudicator of the ABAC Complaints Panel has ruled that the Panel will not consider a complaint about Diageo Australia spamming a 3 year-old with a Bundaberg Rum video-advert when she clicked on a Dora the Explorer video on a children’s YouTube channel.

The decision by Chief Adjudicator the Hon. Michael Lavarch AO confirms that otherwise unobjectionable alcohol advertisements do not breach the ABAC Code simply because they appear on children’s websites.

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I made the complaint to ABAC in September 2015 after the ads shown here appeared on a Dora the Explorer YouTube channel.

Fairfax press reported on the issue here.

Inexplicably, the Advertising Standards Bureau lost the complaint for 3 months, but finally found it again and forwarded it to Mr Lavarch.

Mr Lavarch’s letter can be found here.  He wrote:

“Your complaint is based upon the alcohol advertisement being placed on the YouTube channel prior to your daughter watching a programme that was clearly for younger children. The complaint however does not go to the content of the advertisement but is based solely upon the issue of where the advertisement was found.”

Mr Lavarch wrote that the complaint would “not be referred to the Panel for a determination as it raises only the issue of placement of an alcohol marketing communication rather than its content”.

In explaining his decision, Mr Lavarch referred to a previous determination of the ABAC Panel in 2012 (complaint 118/11)  where the ABAC Panel dismissed a complaint about an ad for Crown Lager appearing on a children’s website aimed at 3-8 year olds.

Despite not forwarding the complaint to the ABAC Complaints Panel, Mr Lavarch indicated that he would raise the complaint with the ABAC Management Committee for consideration.

In my view, this is a test for the integrity of the Management Committee, which is dominated by alcohol and advertising industry associations.

Why did a Bundaberg Rum ad run on a toddler’s YouTube channel?

Mr Lavarch indicated he had made inquiries of the advertiser (Diageo Australia) about how the Bundaberg Rum ad came to be running on a YouTube channel devoted to young children’s content.  This is where it gets interesting.

…Google thought you were an adult

Mr Lavarch’s letter conveys the advice of Diageo that “YouTube only serves this advertiser’s advertisements to users who are logged in to the Google platform that are aged 21+”.

I take this to mean that in Diageo’s view, I was logged into Google, and Google (which owns YouTube) assumed that the relevant YouTube channel was being accessed by an adult.

In fact, at the time, I was logged out of Google, and out of YouTube.

Even so, why should that make a difference?  Many computers used by children will be logged into Google or YouTube 24 hours a day.  Wouldn’t it be smarter for alcohol advertisers to keep away from children’s content, and to limit their alcohol advertising to websites that are age-restricted to adults?

Would Google/YouTube and its advertisers rely on the same arguments (you were logged into Google, so Google thought you were an adult) if advertisements for sex services were streamed on YouTube channels devoted to children’s content?

…You were accessing an unauthorised or pirated video

Mr Lavarch also relayed  from Diageo that “it seems that in this case the video was not an authorised, licensed, or verified video on YouTube and therefore YouTube would not have identified it as children’s content.”

This argument strikes me as self-serving.  As the photos on this blogpost illustrate, the Dora video in question was hosted by Super Dora Games, a YouTube channel with >62,000 subscribers and more than 54 million views.

Check it out.  Is it really so unreasonable to expect ABAC to hold Australian alcohol advertisers accountable when they advertise on sites like this?

This isn’t the shady backrooms of the internet, and I do not accept that children’s content websites should be fair game for alcohol advertisers.

Diageo’s assertions are not entirely consistent with advice received from the office of the Hon. Mitch Fifield MP, Minister for Communications, reported in an earlier post.  Google advised the Department that:

“[U]nfortunately [Diageo’s advertisement] was not correctly labelled as an alcohol advertisement, and Google’s other measures to identify inappropriate advertising content did not pick it up”.

The “other measures” comprise the following:

  • “alcohol advertisements are only shown to users that are logged in and who are aged 18 years and older;
  • Google excludes content that is family friendly;
  • Publishers have to opt in to show alcohol advertisements on their video content”.

So what really happened?

It’s difficult to know.  At the end of the day, Diageo Australia spammed a 3 year-old watching content appropriate for toddlers, but that doesn’t even breach the voluntary Code that Australia’s largest alcohol companies, hand on heart, have pledged their allegiance to.

Plugging the holes in the cheese

Mr Lavarch’s letter conveyed advice from Diageo Australia that the following measures have been implemented by its media partners (Google/YouTube?) to prevent similar occurrences:

  • Development of a list of ‘safe’ channels that Diageo content may appear on. All of the channels on the list are 18+ with content vetted to ensure no appeal to minors.
  • Development of a list of key words that should flag any potential areas of appeal to minors. This list ensures Diageo’s advertising will not appear alongside any content that is tagged or titled with these words.

These assurances sound constructive, but they also raise some new questions.  Is the list of channels ‘safe’ for alcohol advertising a private initiative by Diageo, or are all Australian alcohol advertisers adopting it?  Is the list publicly available?

The photos you see above illustrate that spamming children with liquor advertisements on children’s content websites is a real issue, not a hypothetical one.  In my view it would now be appropriate for the ABAC Management Committee to plug one of the holes in the ABAC cheese and to include a provision that prohibits Australian alcohol advertisers from advertising alcohol to children who are accessing age-appropriate content online.

The Alcohol Advertising Review Board, an initiative of the McCusker Centre for Action on Alcohol and Youth and Cancer Council WA, administers a voluntary Placement Code that includes the following provision:

“Alcohol Advertisements shall not appear online in connection with content that appeals or is likely to appeal to Young People.”

The alcohol industry could only object to a provision like this if it was unwilling for its members to be held accountable for spamming children and adolescents with alcohol advertisements when they are accessing material online that is of particular appeal to them.

If Diageo and other advertisers have taken steps to ensure that something like this won’t happen again, then they shouldn’t have any problems with updating the ABAC Code accordingly.

The bottom line

Unfortunately, Mr Lavarch’s response illustrates that at the present time, complaints about alcohol advertising to children – to the extent that they raise the issue of placement – are being invisibly eliminated from the ABAC complaints system, confirming the impression that there is no problem to begin with.

Complaints like mine no longer make it through to the full Complaints Panel.

If a purely voluntary code is the best way of regulating alcohol advertising in Australia, then it’s time for the Management Panel to amend the Code so that advertisers are required not to advertise in connection with content that appeals or is likely to appeal to young people.

Is the ABAC Management Panel just a club dominated by alcohol and advertising interests, or can they act in the public interest to protect children from alcohol advertising?

We’ll see.  This issue may have a while to run yet.

In the meantime, the Royal Australasian College of Physicians (RACP) and the Royal Australian and New Zealand College of Psychiatrists (RANZCP) has released a new alcohol policy which is strongly critical of Australia’s current regime for alcohol advertising regulation – including the ABAC Code.  The recommendations about alcohol advertising are worth quoting in full:

“Recommendations:
1. That the current self-regulatory approach to alcohol advertising in Australia and New Zealand should be changed to include statutory restrictions, including the enforcement of costly sanctions for breaches of the advertising code.
2. That the sponsorship of sporting events by the alcohol industry should be prohibited in Australia and New Zealand as a first step towards a model of alcohol advertising regulations which would phase out all alcohol promotions to young people.
3. That the Australia New Zealand Food Standards Code should be amended to introduce mandatory warning label requirements for alcoholic beverages, with specific guidelines on the placement, size, colour and text of the label so they are visible and recognisable; and a strict timeframe put in place for its comprehensive implementation.”

Are you interested in studying health law?  For more information about our Master and Graduate Diploma in Health Law, click here.

Dancing on Christopher Hitchens’ grave? The tricky business of talking about consequences

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Vanity Fair, February 2004

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A “pro-smoking blogger for the libertarian right”  accuses me of “dancing on Christopher Hitchens’ grave”.

And other stuff.

Christopher Snowdon is a Research Fellow for the UK-based Institute of Economic Affairs, a think tank that receives tobacco funding.  He is an opponent of plain tobacco packaging, keeper of the pure flame of libertarianism etc.

My sin – contained in a paper forming part of a symposium on public health regulation and the “nanny state”, was to reflect on a self-confessed “crime spree” Hitchens took in New York City  in late 2003.

During the course of an autumn day, Hitchens broke as many of the city’s “petty ordinances” as he could, particularly its smoke-free laws.

At the time, Michael Bloomberg was in the second year of his first, 4-year term as NYC Mayor.  He went on to serve 3 full terms, introducing tobacco control laws that saw the adult smoking rate fall by 28% between 2002 and 2012, and the youth smoking rate fall by 52% between 2001-2011 .

Which is a terrible result, if you’re a tobacco company, but a magnificent result for New Yorkers – with changed life trajectories and longer, healthier lives for hundreds of thousands of people.

You can read about Michael Bloomberg’s public health legacy here.

Apparently embittered at the constraints on his smoking, Hitch lashed out, reflecting on the “shriveled core of the tiny Bloombergian mind”, and ending with:

“Who knows what goes on in the tiny, constipated chambers of his mind? All we know for certain is that one of the world’s most broad-minded and open cities is now in the hands of a picknose control freak.”

The editor of Vanity Fair, Graydon Carter, who at the time was being serially fined by the NYC Health Department for flouting its smoke-free laws and smoking in his office, published the whole account.

Then, in June 2010, at the height of his powers, Hitchens announced he had cancer  of the oesophagus.  As one journalist wrote, “The celebrated drinker and smoker who once claimed that “booze and fags are happiness” had succumbed to a cancer most often associated with drinking and smoking.”

Hitchens died less than 18 months later.

Like his hero Hitchens, Snowdon believes that smoke-free laws are anti-libertarian.  The mind boggles at this point, given that globally, one in ten people who die from tobacco are non-smokers who are unintentionally harmed (poisoned) by smokers….

However, to my mind the more interesting theme that excites Snowdon is the question of whether Hitchens’ diagnosis challenged his libertarian convictions.  Snowdon assumes that the rationale for discussing this issue was to concoct some sort of contrived, deathbed confession:

“Magnusson clearly thinks that Hitchens got his comeuppance when he died of cancer and wants to believe that he renounced his principles on his death bed.”

The record shows that Christopher Hitchens castigated those who promoted effective tobacco control, yet spoke frankly and publicly about his own cancer, acknowledging that it was probably caused by his smoking and drinking.

Hitchens made his choices, and talked about them freely.  He made his private life a public matter.

So we have permission, I think, to talk about Hitchens – who I suspect would have approved of being the topic of conversation.

“I’ve come by this particular tumor honestly”, he told Anderson Cooper on CNN in August 2010.  “If you smoke, which I did for many years very heavily with occasional interruption, and if you use alcohol, you make yourself a candidate for it in your sixties.” “I might as well say to anyone who might be watching – if you can hold it down on the smokes and the cocktails you may be well advised to do so”.

Cooper responded “That’s probably the subtlest anti-smoking message I’ve ever heard”.

“The other ones tend to be more strident”, Hitchens replied, “and for that reason, easy to ignore”.

“Even if this weren’t incredibly tasteless” Snowdon writes, “Magnusson could hardly have found a less fitting person to use as an example.”

Snowdon seems to think that the point of discussing Hitchens is to trip him up on his words, seek to make an object lesson out of him, or worse, to gloat.

But there are other reasons why Hitchens’ account of his illness is worth reflecting on.

Certainly, it was a compelling story. Statistics are easy to brush off: just ask a smoker.  But stories are a little harder.

Here comes this libertarian prophet – as sure as any libertarian ever was about the infantilising effect of public health laws – suddenly forced to come face to face with his own premature (and probably preventable) death.  Did he have conflicting feelings, second thoughts?  It’s not an unfair question.

“In whatever kind of a ‘race’ life may be”, Hitchens wrote  in 2010, “I have very abruptly become a finalist….In one way, I suppose, I have been ‘in denial’ for some time, knowingly burning the candle at both ends … .[F]or precisely that reason, I can’t see myself smiting my brow with shock or hear myself whining about how it’s all so unfair … . Instead, I am badly oppressed by a gnawing sense of waste. I had real plans for my next decade and felt I’d worked hard enough to earn it. Will I really not live to see my children married?  To watch the World Trade Center rise again?

Through his story, we catch a glimpse of the public interest that public health laws and policies are intended to protect.

The public interest in tobacco and alcohol control laws does not exist for the sake of some abstracted, disembodied “public”, but ultimately for the sake of all those individuals who might otherwise die prematurely, or just as frequently, as Simon Chapman writes, live long in distress and isolation due to the disintegrating impacts of their illness.

Bloomberg’s tobacco control laws were intended to help prevent the kind of death Hitchens died.  To say that is not to gloat.

Consequences tend to be trivialised or absent when libertarians set out their plans for how the world ought to be.

The narrative we tend to get is the one written by the be-suited Hitchens in 2003, flying through Central Park with his feet off the bicycle pedals, witty, cancer-free, not the man 7 years later, who writes  “The chest hair that was once the toast of two continents hasn’t yet wilted, but so much of it was shaved off for various hospital incisions that it’s a rather patchy affair. I feel upsettingly de-natured. If Penélope Cruz were one of my nurses, I wouldn’t even notice”.

How should public health advocates talk about consequences?

In the United States, gun enthusiasts have become so highly proficient at ignoring consequences that anyone who dares link the most recent gun-related massacre [insert dates & details] with that shocking, leftist, evil thing called “gun control” – is howled down for seeking to “politicise a personal tragedy“.

Plenty of compelling stories, it seems, but never a teachable moment.

But for the rest of us, prevention matters because people matter.  Their needless suffering or death is relevant to how we evaluate the wisdom of government actions, laws and policies.

The nanny state conspiracy theorists overstate their case.  Hitchens’ freedom to make choices about smoking, drinking, diet and lifestyle were his for the taking.  No one stood in his way.

Hitchens had no Damascus conversion over tobacco, or anything else for that matter, but his public expressions of regret were no less powerful for their subtlety.

[Interview between Anderson Cooper (CNN) and Christopher Hitchens, 6 August 2010: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385×492527 (transcript);  http://ac360.blogs.cnn.com/2010/08/07/video-extended-interview-hitchens-on-cancer-and-atheism/ (video).]

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Bundaberg Rum and Dora the Explorer: the reality of alcohol advertising in Australia

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A brief commercial break, then on with the show…

My 3-year old daughter loves Dora the Explorer.  She thinks that bossy little know-it-all, Dora, is really cool.  She used to be frightened of The Swiper, but that changed as she grew older.

Last night, I sat her down in front of a laptop and let her watch an episode of Dora on YouTube.  Right away an ad filled the screen for Bundaberg Rum.  Bundaberg Rum is a brand owned by Diageo Australia.  All of this happened mid-evening, before 9pm.

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This is the reality of alcohol advertising in Australia.  Liquor ads, bought and paid for by Australian drinks manufacturers, streamed online with children’s content.

It’s not unlawful.  It’s business as usual.

This is the kind of thing the Alcohol Advertising Review Board draws attention to in its latest report.

A product review by a 12 year-old for Vodka Cruiser Pineapple Passion Punch 2L, on the Dan Murphy website (owned by Woolworths). Johnny Walker and Smirnoff ads screened in cinemas  before “Minions” – an animated film, rated PG.  Alcohol ads plastered over bus stops outside schools (see p 17 of the report).  And so on.

If you don’t want your pre-schooler exposed to liquor ads while watching age-appropriate material online, what are your options?

First stop: The Alcoholic Beverages Advertising Code (ABAC).  According to ABAC, “The ABAC Scheme is the centrepiece of Australia’s quasi-regulatory system and is administered by a Management Committee which includes industry, advertising and government representatives.”

The ABAC Code and complaints scheme are not legally binding, but members of the Brewers Association of Australia and New Zealand, the Distilled Spirits Industry Council of Australia and the Winemakers’ Federation of Australia are signatories.

The ABAC Code places few real constraints on signatories, but it enables the alcohol industry to claim that alcohol advertising is regulated responsibly, at no cost to government.  Which would be great, if it were true.

The ABAC Code places no restrictions on the placement of an alcohol advertisement.

If you’re a drinks manufacturer who wants to advertise on the internet – including on websites that carry or are even devoted to children’s content – the ABAC Code has no problem with it.

For example, when Crown Lager ads appeared on a “Bratz” games website (and check out the URL to see what I mean ), the complaint was dismissed  because the ABAC Code was designed not to apply to the placement of alcohol ads.

An independent complaints scheme, the Alcohol Advertising Review Board, points out the limitations of the ABAC, and administers its own Codes, with help from a panel of lay members located around the country.

The Content Code is constructed from provisions in existing alcohol advertising codes from around the world.  The Placement Code, however, “features provisions by which the Board considers the placement of alcohol advertising should be governed”.

The Placement Code contains the following provisions:

1. Placement: General

Alcohol Advertisements should not be placed: (i) in places or at broadcast times where Young People are exposed or are likely to be exposed; or (ii) in connection with content that appeals to Young People.

8. Internet

Alcohol Advertisements shall not appear online in connection with content that appeals or is likely to appeal to Young People.

As a parent, those constraints appear entirely reasonable to me.

By the way, you have to love the “Drink Wise” logo in the second screen shot above.  You probably missed it.  After all, it was designed to be missed.

For further comment on this in the Sydney Morning Herald and Fairfax press, click here.

A Fairfax video reporting on this blogpost, containing the images included in this post, has now been added to YouTube.

AdNews has reported that Diageo has suspended all media across the YouTube platform while it investigates the matters raised above.

This incident provides an interesting opportunity to test the limits or otherwise of the ABAC Code.  Accordingly, I have submitted a complaint.

Are you interested in studying health law?  For further information on Sydney Law School’s Master of Health Law and Graduate Diploma programs, follow this link.

World Health Organisation publishes new report on overweight, obesity, diabetes and the law

Posted by Jenny Kaldor and Roger Magnusson

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This is the view when you look out the front gates of the World Health Organisation’s regional headquarters in Manila.

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A few blocks away, in the processed food aisles of the supermarket, parents are encouraged to purchase “nutrition power for kids”.

The Western Pacific Region, which includes Australia, is home to 138 million adults with diabetes, and includes a number of Pacific Island countries where more than one third of the population have diabetes, and around one half of the population are obese.  [See separate blog post]

In response to these issues in our region, Manila was the venue for a consultation on 9-11 April 2014, on overweight, obesity, diabetes and the law, co-hosted by the University of Sydney (Sydney Law School and the Boden Institute), and by the International Development Law Organisation (IDLO).  The consultation brought together public health practitioners, community leaders and academics from around the region, including Fiji, Singapore, New Zealand, Indonesia, Cambodia, South Korea, Mongolia, PNG, the Philippines and more.

The consultation was co-chaired by Professor Stephen Colagiuri (Boden Institute of Obesity, Nutrition, Exercise & Eating Disorders), Professor Roger Magnusson (Sydney Law School), and Mr David Patterson (IDLO).  The background paper and meeting report were written by the rapporteur for the consultation, Ms Jenny Kaldor, who is a PhD candidate at Sydney Law School.

The Western Pacific Regional Office of the World Health Organisation (WHO – WPRO) was the co-sponsor and convenor of the consultation, and has just published the meeting report, which is available below:

WPRO CONSULTATION ON OVERWEIGHT OBESITY DIABETES AND THE LAW – 9-11A APRIL 2014 – FINAL REPORT – RS_2014_GE_66_PHL_eng.

The report illustrates the variety of legal issues that overweight, obesity and diabetes are causing for countries within the Western Pacific WHO region, as well as how law might be used to improve health outcomes.  These include the problems of diabetes-related disability discrimination, discrimination in access to diabetes medications, and good practices in legislation to improve food environments and opportunities for physical activity, from across the region.  The report discusses the opportunities for, and obstacles to, using law effectively, as well as the challenge of ensuring that trade agreements and trade laws do not work at cross-purposes to health policies on obesity and diabetes.

The meeting report highlights several important conclusions:

  • There is a strong need to build the evidence-base on legal interventions relating to obesity, diabetes and population diets.  Case studies, feasibility studies, guidelines, summaries and other tools can assist countries to share their knowledge and experience with legal and regulatory interventions.  Researchers and academics have an important role to play.  Networks need to be built across the region to better facilitate information sharing.
  • Developing local expertise in public health law and in particular, law related to obesity, overweight and diabetes, is a priority.
  • In-depth technical advice is needed on promising interventions.  These include a tax on sugar-sweetened beverages; restrictions on unhealthy marketing of food and beverages to children; requirements for interpretive, front-of-pack labelling; and legislation to create environments that facilitate and encourage physical activity.
  • Civil society has a vital role to play in the development, implementation and enforcement of innovative legal approaches to overweight, obesity and diabetes.
  • Addressing the interference of the food and drinks industries in policy development and implementation in countries across the region is a priority.  Clear guidelines are needed to avoid conflicts of interest and to ensure that government interactions with the food industry are transparent and constructive, and do not jeopardise public health goals.
  • Law needs to be better integrated into the agenda of the World Health Organisation.  Law is central to advancing the goals of WHO, and can enable countries to protect, respect and fulfil the right to health.

Upcoming Conferences: Emerging Health Policy Research Conference 2015

The Menzies Centre for Health Policy is hosting its 10th annual Emerging Health Policy Research Conference on Tuesday, 21 July 2015, at the University of Sydney.

The Conference showcases the work of current masters, doctoral and early career research workers, as well as those new to the field of health policy research. This year’s keynote speaker is Professor Billie Giles-Cori, Director of the McCaughey VicHealth Community Wellbeing Unit, Centre for Health Equity, University of Melbourne. The conference includes sessions on healthy environments, research translation, health systems and workforce, policy analysis, and mental health.

The full conference program and registration form are available on the Menzies Centre website.