NICE oversteps the mark in ‘last hurrah’ against Big Food

June 22, 2010

If I were the chief executive of the National Institute for Health and Clinical Excellence, I would be very careful where I trod right now. Quangos are looking highly dispensable in the forthcoming Exchequer purge of the public sector.

So what does NICE do? It plays the turkey voting for Christmas. Twice in the past month it has come out with a series of recommendations that are not only – arguably – beyond its remit but are also like a red rag to the new blue-and-yellow striped government.

First, it called for a watershed ban on advertising alcohol, when the government has already ruled that out. Now, in the process of advocating a total ban on so-called trans fats and a general assault on salty foods, it has not only recommended another watershed ad ban (see above) but proposed the introduction of the “traffic light” colour coded food warning system only days after it was rejected by the European Union.

NICE’s raison d’être is to save lives by improving the quality of healthcare (and by implication reduce the heavy financial burden associated with it). There’s no doubting that trans fatty acid is a nasty substance that can cause heart disease by promoting “bad” cholesterol at the expense of “good”; and that it’s also a suspect in other disorders, such as Alzheimer’s, cancer, diabetes and infertility. Nor that it has, in the past, been widely used by the processed food industry as a shortening agent (eg in biscuits) and as a substitute for butter (for instance, in margarine). But it’s definitely on the way out. Some countries – among them Denmark, Switzerland, Australia and parts of the United States – have already prohibited it. Britain has not got that far yet, but since 2006 our supermarkets have employed a self-denying ordinance, and the food manufacturers have been quietly phasing it out.

NICE’s determination to rid us of this noxious substance is not as disinterested as the organisation would have us believe. Behind it seems to lie an agenda: a crusade aimed at the food industry in general, and its freedom of commercial expression in particular.

Of course, in the longer run NICE is right to flag up the trans fat issue. Sooner or later its harmful effects – like those of tobacco – are going to become big business for lawyers in the States. For NICE, though, there may not be a longer run, if it goes on behaving the way it is. Government ministers are likely to conclude it is an organisation out of control. And we know what that could mean in these austere times.

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Tesco shows leadership on binge drinking – sort of

June 7, 2010

Whatever took it so long? After years of quiescence on the issue of alcohol abuse fueled by cut-price booze, Tesco has come out all moral and now supports the medical profession’s call for a minimum price per unit.

The immediate cause of this Damascene conversion is a survey of Tesco customers, which found that 70 per cent of them thought excessive drinking was one of the most serious issues facing the country. Tesco, as a consumer champion, must be seen to be acting in its customers’ best interests; and the message here is loud and clear. So loud and clear, in fact, that it’s surprising Tesco didn’t get that message earlier. Such a massive shift in social attitude does not happen overnight.

So what really flipped the switch? The truth is the supermarkets’ longstanding love affair with discounted and BOGOF beer has finally become an embarrassment, even to themselves.

Certainly the drinks industry itself is no great supporter. Below-cost reductions make a mockery of brand investment and threaten to undermine a carefully cultivated image of social responsibility, illustrated in such initiatives as Drink Aware. But with the supermarkets accounting for over 70% of off-trade distribution, serious complaint (as opposed to moaning) has not up to now been an industry option.

What has changed is the UK government’s stance. Knowing the new coalition is committed to an imminent ban on below-cost alcohol sales, Tesco is now seeking to trump that initiative by going one stage further and endorsing minimum pricing. As the UK’s largest grocer – largest retailer for that matter – it’s fair and reasonable that it should show leadership in these matters. Isn’t it?

Only slightly is the moral purity of this CSR initiative diluted by Tesco’s reluctance to introduce an immediate self-denying ordinance. After all, argues the retailer, there’s the World Cup to consider and by acting unilaterally it would simply cede market advantage to its less scrupulous rivals.

Looking at the ‘market advantage’ argument for a moment, it’s hard to see how it holds up. If it’s about money, then why continue with loss-leader culture a moment longer? If it’s about share (which I strongly suspect it is), how long would Tesco’s rivals dare to hold out, given the risk of being stigmatised as the irresponsible ‘bad guys’ in the media?

Tesco should have had the courage of its convictions and proposed its own timetable. That’s what leadership is about. Blaming inaction on government dilatoriness, as Tesco’s director for corporate affairs recently attempted to do, simply won’t wash.

Whether, of course, such measures (when they are finally implemented) will actually succeed in curbing alcohol abuse is anyone’s guess.

The drinks industry will quietly welcome an end to “below-cost” alcohol promotions but stop well short of supporting a minimum price.

Its standard fall-back position (also adopted by the British Retail Consortium) is that alcohol abuse is a cultural disease barely susceptible to treatment by price control. Maybe so – although there are plenty who would agree with the chief constable of Manchester’s assessment that “culture is created by things like the price…if you make alcohol cheaper, it fuels that problem.”

The ulterior fear in the industry is that minimum pricing is a foot in the door for a rabid health lobby bent on the eventual prohibition of alcohol marcomms. For good reason, the Advertising Association was quick to crack down on the National Institute of Clinical Excellence (NICE) when it recently had the temerity to suggest that minimum pricing should be accompanied by a ban on advertising – a suggestion that clearly flies in the face of stated government policy.


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