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Independent review panel meeting 5 June 2008

Monday 30 June 2008

Minutes and papers of the meeting

Attendees

Review panel
Professor Anne Murcott (Chair)
Professor Peter Aggett
Adam Crosier
Professor Elizabeth Dowler
Uisdean Maclean

Secretariat
Dr Viven Lund – Food Standards Agency
Clare Lowrie – Food Standards Agency
Parminder Nijjar – Department of Health

Observers
Claire Boville – Food Standards Agency
Joanna Disson – Food Standards Agency
Sheela Reddy – Department of Health
Simon White – Department for Culture, Media and Sport

Invited expert
Lynsay Taffe – Advertising Standards Authority

Introduction

The Chair welcomed the members of the panel, the secretariat and observers and explained that the panel had been convened to assess the effectiveness of the new controls (The Infant Formula and Follow-on Formula Regulations 2007 and accompanying guidance) on the advertising and presentation of follow-on formula. The Chair informed the panel of observers’ role and that in addition to observer status they could also contribute to panel discussions when invited to do so.

Declarations of interest (paper IFR – 1)

The Chair asked panel members to note paper IFR – 1 on declarations of interest and provide details to the secretariat in writing. It was explained that the register of interests would be made available on the website and should be kept up to date. The Chair asked that any additional interests be declared at the beginning of each meeting. Also if panel members are approached by the media or press they should refer them to the Secretariat.

Review processes and procedures (paper IFR – 2)

The panel noted paper IFR – 2 on the review processes and procedures, in particular the current standing of the regulations in each country of the UK and agreed that the review should consider the whole of the UK. The panel noted the stakeholder list and were asked to inform the Secretariat if they wished to include any additional stakeholders.

Background (paper IFR – 3)

The Chair invited Sheela Reddy and Claire Boville to explain the background to the review, including Department of Health policy on infant feeding, the restrictions on infant formula advertising, the development of Commission Directive 2006/141/EC on infant formulae and follow-on formulae and the inclusion of the new provision requiring the advertising and presentation of infant formula and follow-on formula to avoid any risk of confusion between infant formula and follow-on formula.

The Chair introduced Lynsay Taffe, of the Advertising Standards Authority, who gave a presentation on the nature of advertising and the different forms it could take. Lynsay referred the panel to the definition that was in the Control of Misleading Advertisements Regulations 1988 and explained that more recent legislation (Unfair Commercial Practices Directive) does not attempt to define advertising, but seeks to control the business practice.

The nature of 'presentation' was also explained to the panel, in particular the distinction between this and labelling.

Objective, remit and management of the review

The objective, remit and management of the review were outlined (paper IFR – 4). The panel discussed the scope of the review and agreed that the nature of advertising and promotion considered should be as inclusive as possible. The panel discussed whether the scope of the review should be extended to include the effect nutrition and health claims have on consumer choices, but agreed that the review should focus on the new controls that aim to remove confusion and their effectiveness in relation to advertising and presentation.

Information requirements (paper IFR – 5 and IFR – 6)

The panel discussed the information needed to address the objective and remit of the review and answer the specific questions being asked. The panel agreed that existing evidence would need to be considered and that stakeholders could be invited to provide this. It was agreed that they would be asked to submit the following information:

Non-Governmental Organisations

Healthcare professionals

Members of the infant formula and follow-on formula industry

Enforcement officers

Advertising Standards Authority (ASA)

The panel agreed that evidence provided should be dated with when it was shown/seen/mentioned in queries or complaints etc. and has asked that large volumes of information are accompanied by a short summary.

The panel also asked the secretariat to investigate whether it would be possible to gain access to EPOS data on sales of infant and follow-on formula from supermarkets and retail outlets.

Action: Secretariat to ask stakeholders to provide information agreed by panel and to look into how EPOS data might be provided.

Research requirements
The panel agreed that research should be commissioned as part of the review and considered its design in the context of the specific questions being asked. Following discussion, the panel agreed that two distinct areas of research were needed.

1. Research infant formula and follow-on formula presentation and advertising.
Research to look at the nature of advertising and presentation to the general public and to healthcare professionals, which would be used to help the panel establish the effect of the new controls on the ways in which infant formula and follow-on formula are presented and advertised. To ensure an accurate representation of infant formula and follow-on formula advertising and presentation before and after the new controls were introduced, the panel agreed that this work should include before and after elements. The panel noted that a company capable of monitoring the advertising and presentational environment may be best placed to systematically capture the data, but agreed that an academic should be commissioned to interrogate and analyse the data and make a report to the panel on it. The panel agreed that a literature review should also be conducted and included in the report to contextualise and inform the research.

2. Research on whether infants under six months are being fed follow-on formula and if so the reasons why and whether consumers are clear that the presentation of, and advertising of, follow-on formula relates to formula for older babies and not infant formula.
The panel agreed that the second piece of research would need to look at whether consumers were clear that follow-on formula advertising and presentation relates to formula for older babies and establish whether infants under six months being given follow-on formula. The panel noted that this research would need to look at consumer’s understanding and perception, since the new controls have come into effect and should take into account an appropriate range of socio-demographic groups. The panel agreed that this research would need a market research company to:

The panel agreed that a stakeholder meeting should be held to invite comments on the detail of this research and the nature of questions that should be asked.

Action: Secretariat to trawl for dates for the stakeholder meeting.

Timescale

The panel was asked to note the timeline proposed (paper IFR – 7). Having discussed the nature of research, the panel expressed concerns that the proposed timeline did not allow sufficient time for the second element of the research to be conducted. The panel felt this might require an extension of 6-9 months and asked the secretariat to investigate how long the second element of the research might take to conduct. The panel noted that the secretariat will need to seek Minister’s agreement to any extension to the review period.

Action: Secretariat to investigate the time needed for the proposed research.

Related links

IFR – 1: Declarations of interest

Download pdf  (pdf 32KB) IFR – 2: Panel processes

Download pdf  (pdf 45KB) IFR – 3: Background

Download pdf  (pdf 52KB) IFR – 4: Objective and remit

Download pdf  (pdf 31KB) IFR – 5: Information and Research

Download pdf  (pdf 45KB) IFR – 6: Minutes of stakeholder meeting 8 January 2008

Download pdf  (pdf 35KB) IFR – 7: Timeline

Download pdf  (pdf 29KB) (External) Get Adobe Acrobat reader You may need the free Acrobat Reader to view a pdf

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