Preventing weight gain: the dilemma of effective regulation

OBESE NATION: It’s time to admit it – Australia is becoming an obese nation. This series looks at how this has happened and more importantly, what we can do to stop the obesity epidemic. Today, we look at whether we can regulate to curb the epidemic. Here Fiona Haines discusses the barriers to regulations…

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Government attention is diverted away from the problem during the regulatory reform process. Kristina Alexanderson

OBESE NATION: It’s time to admit it – Australia is becoming an obese nation. This series looks at how this has happened and more importantly, what we can do to stop the obesity epidemic.

Today, we look at whether we can regulate to curb the epidemic. Here Fiona Haines discusses the barriers to regulations that would help end the obesity epidemic while Bebe Loff and Helen Walls argue there’s a “gap” in regulation waiting to be filled with government action.


The burden of obesity is costly to individuals whose health is poor and who are often stigmatised. And it’s costly to governments through increased health costs. So, why isn’t more being done?

Tackling obesity effectively will involve increased regulation, such as requiring clear labels on food to make sure people know what is healthy (so-called traffic light labelling) and prohibiting junk food advertising to children during peak viewing hours. Both of these measures are recommendations of the 2009 Preventative Health Task Taskforce. And both make sense. But, getting effective regulation in place is hard. Why is it so difficult?

Firstly, regulatory reform is challenging for government. During the process of regulatory reform, government attention is diverted away from the problem at hand (in this case obesity) to responding to business concerns with their profitability. And to reassuring the population at large (often in the wake of some public pressure) that the government really is taking the problem seriously.

Front-of-packet traffic-light labelling would be an effective way to signal what foods are healthy. Ian Clark

Dig a little deeper and what is at issue is political legitimacy that must be maintained (and preferably enhanced if you are the incumbent government) through the reform process.

Regulatory reform always takes place in the context of maintaining political legitimacy. In turn, political legitimacy (or political risk as I call it in The Paradox of Regulation) rests on the horns of a dilemma between “keeping the economy going” (which often translates into responding to business demands) and “making people feel safe” (essentially, reassurance).

But a government tending to its legitimacy cannot simply be dismissed as engaged in a cynical political ploy. It may be, but without legitimacy governments struggle and ultimately fall. Legitimacy is critical to any government – of whatever persuasion.

It does mean, though, that regulatory reform is fraught – and the loser is too often a potentially effective measure to deal with a social problem. Governments across the world – including our own – have swung into action against obesity at least at the level of inquiries, recommendations and policy initiatives. But how well these translate into action depends on how a government manages its political risk.

The bargaining process often sees businesses taking some steps to appease government and public demands, such as putting labels on food, but not ones that communicate clearly and effectively, or a voluntary (and small) reduction in television advertising of junk food to children. It also sees governments reassuring us, by such measures as public campaigns with cute figures encouraging us to “exercise more”. Measures such as these are unlikely to make much of an impact in reducing our collective waistlines.

Limiting junk food advertising to children during peak viewing hours would be an effective measure. RichardBH/Flickr

Decisive action by governments – the oft-cited “strong political leadership” is critical to effective regulation. This must be based on weighing up available evidence and not just showing strength for the sake of it. Evidence is tricky, though. Pushing for “more research” is a common stalling tactic.

And there are additional challenges. Even if measures supported by the best available evidence (such as traffic light labelling on the front-of-food packaging and removing advertising junk food to children between 6am and 9pm as recommended in the Government’s response to the National Preventative Health Taskforce) are implemented, regulation is no panacea.

Regulation suggests that you can reduce a problem (such as obesity) while keeping all the benefits (to individuals, companies and governments) that have led to higher rates of obesity. These benefits are part of a very long list that includes cheap takeaway food, sprawling suburbs with affordable housing but little public transport or amenities, short meal breaks, long working hours, quick treats for ratty kids when you’re tired from a long day’s work, high profits in the food processing industries, foods that are transportable and keep for long periods without spoiling and so on.

Regulation acts a bit like a “surgical bombing raid” – it promises much, but often delivers less.

The Commonwealth Government was wrong in rejecting traffic light labelling. But, comprehensive measures to tackle obesity will not come in a single convenient package. Tackling obesity in a serious manner will bring considerable public benefit. But it creates losers – both powerful businesses and ordinary folk – in the short term. That is our dilemma.


This is part six of our series Obese Nation. To read the other instalments, follow the links below:

Part one: Mapping Australia’s collective weight gain

Part two: Explainer: overweight, obese, BMI – what does it all mean?

Part three: Explainer: how does excess weight cause disease?

Part four: Recipe for disaster: creating a food supply to suit the appetite

Part five: What’s economic growth got to do with expanding waistlines?

Part seven: Filling the regulatory gap in chronic disease prevention

Part eight: Why a fat tax is not enough to tackle the obesity problem

Part nine: Education, wealth and the place you live can affect your weight

Part ten: Innovative strategies needed to address Indigenous obesity

Part eleven: Two books, one big issue: Why Calories Count and Weighing In

Part twelve: Putting health at the heart of sustainability policy

Part thirteen: Want to stop the obesity epidemic? Let’s get moving

Part fourteen: Fat of the land: how urban design can help curb obesity

Part fifteen: Industry-sponsored self-regulation: it’s just not cricket

Part sixteen: Regulation and legislation as tools in the battle against obesity

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20 Comments sorted by

  1. James Jenkin

    EFL Teacher Trainer

    The author has no doubt that "tackling obesity effectively will involve increased regulation". She suggests the only barrier is lack of political will.

    However, you might argue in response that it's unwise to rush gung ho into passing laws to change behaviour, because you need to consider unintended consequences.

    Wansink and Just, whose research was used as justification for New York's ban on super-sized soft drinks, suggest "openly serving someone lowfat or reduced-calorie meals tends to lead…

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    1. Fiona Haines

      Professor of Criminology at University of Melbourne

      In reply to James Jenkin

      This is a very helpful point. Certainly, regulation often has unintended consequences. This is often because regulation is best understood as an instrumental problem solving approach to public policy. That is, it is most often focused on one particular problem. In doing so, it may exacerbate other problems and risks. Cass Sunstein's work is interesting here. The second issue you point out is also helpful, that breaking down to a single measure may also have counterproductive effect. This can be…

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    2. James Jenkin

      EFL Teacher Trainer

      In reply to Fiona Haines

      Hi Fiona, thanks very much for your response. It makes sense that any intervention needs to be seen as part of a package.

      Perhaps - I admit - I'm uneasy about experts trying to influence people's behaviour without their knowing.

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  2. rory robertson

    rory robertson is a Friend of The Conversation.

    former fattie

    Regulation - either of TV ads or introducing "Traffic lights" - will be ineffective if other high-profile information works strongly in the other direction. What should be regulated - or at least corrected without delay - is high-profile misinformation produced by scientists on the public payroll. In particular, the high-profile 2011 paper "Australian Paradox" - claiming that sugar consumption and obesity are unrelated - is as embarrassingly lightweight and false as the authors' subsequent claim…

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  3. Melanie White

    Registered Nurse, Academic

    Tackling obesity requires understanding what will work before jumping in with regulations that may not work.

    Traffic light labelling won't necessarily prevent obesity because it doesn't tell you how healthy a food is, it just tells you the ratio of some of the components. There is still a lot of research to be done, particularly in regards to sugar and the effect of sweeteners, before we can really come up with "healthy labelling".

    Does regulation work anyway? It seems to me that cultural shifts are needed, and that doesn't happen through regulation alone.

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    1. Fiona Haines

      Professor of Criminology at University of Melbourne

      In reply to Melanie White

      I agree that regulation alone will not solve the problem as I argued in my short piece, it is no panacea. There needs to be a comprehensive approach, and this approach may well be heavily resisted. Your point on cultural change is a good one too, but understanding how cultural change comes about also involves understanding how law, markets and social norms interact. Regulation can be a part of cultural change or it can result from cultural change or it can result from a compromise between various interests. In a nutshell regulation cannot be put as outside of cultural change but the relation between the two need to be understood.

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    2. Melanie White

      Registered Nurse, Academic

      In reply to Fiona Haines

      Thanks for your reply Fiona. I agree a comprehensive approach is needed.

      Nevertheless, I still think more thought (and that means more research for a greater understanding) is required before regulation. Regulation introduced without the evidence can mean we don't do any harm but miss doing the best good, or it can make things worse.

      For example, with the junk food advertising, we know that kids are influenced by what they see on TV. But does banning junk food advertising on TV between specific…

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  4. nik dow

    logged in via Twitter

    There is one example of combatting obesity by removing regulation, and that is bicycle helmet law.

    Given that the health benefits of cycling outweight the risks by a large factor, it only takes a small disincentive to cycling from this regulation to produce an overall negative health outcome. It has been calculated for Australia that the break-even point from a health expenditure measure is a drop in bicycle trips of around 1 or 2 percent. Given the number of fines issued for not wearing a helmet, the disincentive to cycle from this regulation is clear.

    Ref: http://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.2011.01785.x/abstract

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    1. Mark Amey

      logged in via Facebook

      In reply to nik dow

      I can't believe that the only thing standing between some people and a refreshing bike ride is a $30 helmet. Are they too expensive, too heavy, give people helmet hair? Sounds like a lame excuse.

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    2. nik dow

      logged in via Twitter

      In reply to Mark Amey

      You query the disincentive effect of helmet laws. I don't know how many thousands of fines the police issue each year for this offence, but it would have to be a pretty effective deterrent to those trips which people want to or find more convenient to make without a helmet.

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    3. Seamus Gardiner

      Citizen

      In reply to Mark Amey

      Yeah,
      I agree mark. I wouldn't take a ride without one. But this is a case where regulation may have led to a net decline in public health, despite foreseeably saving some (many?) individuals from increasing severity of head injury.
      It's not the same argument as seat belts as there really is no benefit to society from not wearing seatbelts... Apart from increasing people's 'freedoms' or perception of freedom.
      Damn I may find myself agreeing with James Jenkin!

      It is clear that extrapolating rationale and results from one public health policy to another domain may lead to unintended consequences. No reason not to implement, but reason enough to reverse the policy if it doesn't work.

      Personally (warning :opinion not evidence based) I reckon we should peel back helmet laws, get people on public bikes and roads in places like central Melbourne where introducing rental bikes has had limited uptake because of the helmet issue.

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    4. nik dow

      logged in via Twitter

      In reply to Seamus Gardiner

      The rental bikes are a good place to start because the data collection is excellent, and typically these types of bikes have an even better safety record than general cycling. See for example http://www.bmj.com/content/343/bmj.d4521.full "The health risks and benefits of cycling in urban environments compared with car use: health impact assessment study" in BMJ 2011;343:d4521 which uses data from the Barcelona bike share and finds the benefit:risk ratio is 77:1 with most of the risk coming from air pollution not trauma.

      At the same time, rental bikes suffer the greatest disincentive from helmet laws, making them an even better place to trial a relaxation of these laws.

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    5. Mark Amey

      logged in via Facebook

      In reply to nik dow

      I don't doubt that people have been surveyed, and so on, but, I think that both Sean and myself probably have seen the nasty end of some bicycle accidents in the Emergency Room. I have hit the back of a car at about 45 ks, and would have, I believe, suffered a head injury had I not been wearing a helmet. Therefore I wouldn't ride a bike without one.

      We actually have some great bike tracks in Newcastle, but, unfortunately, all are shared with walkers, who seem to have tremendous propensity for causing accidents!

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  5. Margo Saunders

    Public Health Policy Researcher

    The problem here is that the notion of 'regulation' is unhelpfully broad, as it covers everything from more explicit nutritional labelling to restrictions on portion sizes to mandated food reformulation. Some of these will obviously be contribute more than others to reducing obesity, and some will only be effective if accompanied by initiatives to increase health literacy and to change social norms.
    Thirteen years have passed since Swinburn et al published their article ('Dissecting obesogenic…

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    1. Fiona Haines

      Professor of Criminology at University of Melbourne

      In reply to Margo Saunders

      I agree about the need to look at the specific regulatory initiative, as well as the policy framework overall as regulatory initiatives need to be understood in context. Their success or otherwise may well depend on that context.

      In terms of defining regulation, I argue that regulation is characterised by two things: a specific focus (that is reducing obesity, or increasing OHS or decreasing pollution and so on) and political contestation around its effectiveness or otherwise. The debate around…

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  6. Paul Wittwer

    Orchardist

    I remember reading a Canadian study which found a clear link between high density fast-food availability and obesity. I see it in my own town. There are other clear links such as low socio- economic status and poor education.

    I think local councils could have a role in regulating the number of fast food outlets per 10,000 head of population.

    I believe the Drive Through should be eliminated as it is too easy for people to enter their mobile lounge room with heating/cooling, stereo and the anonymity which allows them to avoid any effort to make themselves presentable in order to feed their fat/sugar addictions.

    Another area where regulation needs to be applied is the discounting of sugary drinks in supermarkets. In fact, I believe a sugar tax could be applied to many products to compensate for their cost to society.

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    1. Mark Amey

      logged in via Facebook

      In reply to Paul Wittwer

      I agree. It's a common sight to see obese mums with obese kids wheeling a shopping trolley around with a slab of softdrink, chips and chocolates/lollies, with very little real nutrients, or ingredients for home cooking. I don't frequent the fast food places, but imagine they may make a regular appearance there, too.

      Of course many have been brought up that way, and genuinely believe that a tub of mashed potato, or boiled peas, or the salad on a burger constitute 'servings of vegetables'. This ideation is difficult to alter when it has been the family's way of eating for, now, two or three generations.

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    2. Dianna Arthur

      Dianna Arthur is a Friend of The Conversation.

      Environmentalist

      In reply to Paul Wittwer

      A good start would be to ban labelling products that have high quantities of sugar as "Fat Free".

      http://intelegen.com/nutrients/sugar_to_fat_conversion.htm

      The way the human body processes carbohydrates is little understand by the average person.

      A good start to understanding found here: http://www.wikihow.com/Eat-Healthy

      Although I have a fast metabolism, I do not eat much processed food - this is due to personal taste as well as health issues.

      Hypoglycaemic, I can be very unpleasant…

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    3. rory robertson

      rory robertson is a Friend of The Conversation.

      former fattie

      In reply to Dianna Arthur

      Hey, lay off the tried and tested Snickers Bar. It's a tasty low-GI food, with a Glycemic Index of only 41. That's way below the 55 break-even point between good and bad carbs - double-check here if you like: http://www.glycemicindex.com/foodSearch.php

      Which brings us to the fundamental flaw with the low-GI approach to nutrition.

      Many are aware that the low-GI industry revolves around the claim that low-GI carbohydrates - GI 55 and under - are good for your health while those above GI 55…

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    4. Dianna Arthur

      Dianna Arthur is a Friend of The Conversation.

      Environmentalist

      In reply to rory robertson

      Crikey.

      I play it safe and at the same time attempt not to be blinded by science.

      I would choose a potato over a Snickers bar any day.

      Dark chocolate over milk chocolate (don't need to eat as much as it is more satisfying).

      Dried fruit over fruit bars.

      Can you see a pattern emerging here?

      A freshly made hamburger over a Macca's.

      Home made oven fried potato chips over fast food french fries.

      Home made soup over instant noodles.

      And I will justifiably diss Snickers and its ilk as I know from personal experience how these foodstuffs make me feel - rather similar to how I felt trying to digest your post.

      Cheers

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