Consultations CTSI HAS ITS SAY Some of the institutes contributions to government policy debate E-cigarettes: health claims and adverts Brexit: Trade in food inquiry E-cigarettes: health claims and public health advertisements Broadcast Committee of advertising practice and Committees of advertising practice CTSI has considered the Broadcast Committee of Advertising Practice (BCAP) and the Committee of Advertising Practices (CAP) proposal to allow lawful advertisements to make health claims for e-cigarettes and has registered its strong and considered opinion that this would not be appropriate, useful or proportionate. It is also disappointed to note that an extract taken prior to the E-cigarette Summit 2017 which took place on 17 November suggests that, despite the consultation period still being open (as of 11 October), a decision may have already been made regarding this issue. CTSI strongly disagrees with CAP and BCAPs plan to remove the prohibition on health claims from unlicensed nicotine-containing e-cigarettes. It doubts whether robust evidence that supported any claims for specific brands would exist apart from the brands licensed by the Medicines and Healthcare products Regulatory Agency (MHRA). If a trader is in possession of robust evidence for specific brands, there is no reason why they should not apply for a licence, which would enable them to make claims based on their evidence. As indicated, health claims are not permitted on product labelling under the Tobacco Products Directive. The Tobacco and Related Products Regulations 2016 state that nothing on the label must suggest that a particular electronic cigarette or refill container: (i) is less harmful than other electronic cigarettes or refill containers; (ii) has vitalising, energising, healing, rejuvenating, natural or organic properties; or (iii) has other health or lifestyle benefits. Permitting such claims in advertising that may be present at point of sale but complying with the law that bans such claims from the product itself could be confusing for the customer. CTSI points out that health claims of any kind are not allowed on any form of alcohol, despite evidence from various peer-reviewed reports that small amounts of different types of alcohol can be better for health than being teetotal. Even health claims on foods are heavily regulated and no-one can claim or imply that any food can treat, prevent or cure any medical condition. CTSI does not see that e-cigarettes should be a special case. CTSI agrees with the proposal to add qualifying text to the introductory wording on the e-cigarette section of the Code as long as it does not undermine any of the other rules in the Code, including that advertising should not appeal to young people or non-smokers. Lead officer Jane MacGregor For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: iStock.com / Rocky89 / WINS86 To share this page, in the toolbar click on You might also like CTSI has its say November 2017 / Bojsha65 Brexit: Trade in food inquiry Environmental, Food and Rural affairs Committee At the time of drafting this submission, the governments approach to Brexit and post-Brexit trade agreements was still lacking in detail. However, broadly speaking, CTSI sees three possible scenarios: Cliff edge the UK dropping out of trading arrangements with the EU, and moving to international trade deals governed by World Trade Organization (WTO) and other bi-lateral arrangements Transition deal the UK and EU agreeing to retain the current arrangements, governed wholly or mainly by current institutions and standards, until such time as a full agreement has been reached Deep and comprehensive deal the UK and EU agreeing a full trade agreement, governed by current or equivalent institutions and standards, in perpetuity CTSI is concerned the cliff edge scenario could add significant costs to the food industry, the food regulation system, particularly at UK ports of entry, and to the UK consumer. It is important to understand any changes and additional responsibilities would also come at a time when the current UK regulatory bodies are already under severe pressure as a result of the paucity of resources for essential services such as testing, inspection and port health controls. CTSI notes there are barely enough trading standards officers, port health inspectors and public analyst laboratory facilities to meet the needs of the UK food industry and ensure consumer confidence in the marketplace. While capable, these professionals have very limited capacity to adapt to the scale of change we face without receiving substantial additional resources. CTSI takes the view that whatever trade deal is reached, trading standards services are well placed to deliver business support and in a modernised approach to food standards and food fraud effective interventions to ensure business and consumer confidence in the marketplace. Additional resources will boost this ability. In all trade scenarios, CTSI takes the view that the UK staying as close as possible to EU food standards, systems and institutions will be an advantage and opportunity for consumers, for taxpayers and for the food industry. This would help deal with issues of costs, safety, quality, certainty, consumer confidence and smoother trade relationships. Equivalence of UK systems should be assured by means of any transitional or long-term EU trade arrangement. UK competitiveness is another major issue. There is growing concern that, in scenarios in which UK farming is expected to compete on price with countries operating to different standards, UK farming may become unprofitable some of it already is. However, CTSI thinks the UKs regained sovereignty could be used as a transformational opportunity to show global leadership by adopting policies that set us on a path towards an increasingly sustainable food future. CTSI believes that UK trade policy should support this positive vision. CTSI believes the most likely scenario at least in the medium term is that: The UK will agree a transition deal with the EU, effectively continuing with business as usual in food trade and standards, for a period of several years Food prices will rise Uncertainty will continue to characterise the situation for the UKs food industry, including food standards and inspection bodies Lead officer David Pickering For more details and to contribute to consultations such as these, visit www.tradingstandards.uk