The Competition and Market Authority (AGCM, so-called. Antitrust), as it turned out, had opened an investigation into possible unfair trade practices by Carrefour, GS, and Interdis-as well as various other food operators-for applying the NutriScore logo on some of their products. (1)
The production and distribution companies involved-after suffering a smear campaign by lobbyists and the press in their service for daring to provide consumers with useful information on the nutritional profiles of their branded foods placed on the Italian market-have given up defending their choices.
All of the administrative proceedings in question were thus settled through the acceptance of the operators’ commitments by theAntitrust Authority, which did not rule at all on the hypothetical deceptiveness of the NutriScore,contrary to what was falsely inferred by the ‘usual suspects. Insight.
1) NutriScore, the Roman inquisition.
The Roman inquisition demonstrated the peculiar ‘sensitivity’ of AGCM and the Mario Draghi-led government to the lobbies of Ferrero and Coldiretti, as noted above. (1) At a time in history when Italian citizens and businesses could have benefited from far other priorityAntitrust interventions, on markets and gas and electricity bills for example (2,3).
The Italian Antitrust Authority also threatened the fundamental human right to freedom of thought expression, (4) with a parallel investigation against the operators of the Yuka app. The latter-indicted for helping consumers choose the most balanced foods on the shelf using the NutriScore system-have since settled the matter in agreement with the inquisitors. (5)
2) NutriScore, the Carrefour, GS, Interdis cases.
Carrefour Italia S.p.A., GS S.p.A. and Interdis are part of the French Carrefour group, which through its central purchasing and distribution center for products at private label (Interdis) has so far applied the NutriScore system-and its logo, on the front of packages-on more than 3,000 food products. Of which 69 are also marketed in Italy, with multilingual labels. In compliance with current legislation in France, Belgium, Germany, Luxembourg, the Netherlands, Spain and Switzerland. (6)
2.1) Antitrust, ‘amatrician’ investigation.
The inquisitors prepared a succulent ‘all’amatriciana’ investigation, with typical local ingredients:
- the complainant Confagricoltura, as per the Coldiretti school, has interpreted EU law ‘carlona style’. Theorizing the application to NutriScore of reg. EC 1924/06(Nutrition and Health Claims Regulation) instead clearly excluded. (7) To mix it with outdated theories of the nonexistence of ‘good foods’ and ‘bad foods,’ disproved by two decades of scientific literature on the evils of junk-food,
- the chairman of the National Committee on Food Safety Giorgio Calabrese-whose famous turn in favor of palm oil is remembered but the advisory reports that may have stimulated it remain unknown (8)-reiterated the above rehashed arguments. Raising doubts about the onlyFront-of-Pack Nutrition Labeling (FOPNL) system based on solid scientific literature,
- the Ministry of Economic Development and Centromarca, ça va sans dire, reiterated the above arguments.
2.2) ‘Voluntary’ commitments
The Carrefour Group – given the unfavorable political and media climate, with possible market repercussions against the only GDO (large-scale retail) chain that had the courage to put transparency and consumer protection before mercantile logic – thus presented to Antitrust, on 10.5.22, a series of ‘voluntary’ commitments. (10) Objection. Committing specifically not to use the Nutri-Score brand in the Italian market:
- on products commissioned by GS and Carrefour from their suppliers and marketed with GS S.p.A. as the operator responsible for the information on the label,
- On foods with Geographical Indications (GIs. e.g., PDO, PGI, TSG). And even on Traditional Food Products (PAT), although their register is devoid of any legal value, (11)
- On traditional Italian gastronomic products (cold cuts, cheese, olive oil), regardless of where they are produced,
- On MDD (distribution brand) ‘Terre d’Italia’ products. The ItalianAntitrust Authority obviously agreed.
3) Interim Conclusions.
The NutriScore system is now the only hope for helping consumers identify ultra-processed foods with imbalanced nutritional profiles, with the consumption of which is associated with the epidemic prevalence of serious and chronic diseases(Non-Communicable Diseases, NCDs), obesity, overweight, and premature mortality. Even in Italy, as seen.
The triumph of profit of junk food producers on public health is yet another confirmation of the failure of a political class and system of power that in recent months has caused the most serious economic and social crisis in Italy since World War II, exacerbating the inequalities between its castes and the population.
#SDG3 – Ensure Health and Well-being. #Égalité
Dario Dongo
Notes
(1) Dario Dongo. Nutriscore and Yuka, Antitrust enters the fray. GIFT (Great Italian Food Trade). 24.11.21
(2) Gianluigi Paragon. Eni makes profits, Italians pay for the crisis. Winners and losers of the energy war. Time. 30.4.22
(3) Alessandro Runci. Extra-profits: government cancels tax on energy companies. Eni’s profits are untouchable. ReCommon. 1.7.22
(4) Article 10: Freedom of expression. Equality and Human Rights Commission.
(5) Marta Strinati. NutriScore and Yuka, the agreement with Antitrust in Italy. GIFT (Great Italian Food Trade). 27.7.22
(6) Dario Dongo. NutriScore, evolution of the science-based algorithm. GIFT (Great Italian Food Trade). 1.8.22
(7) Indeed, the political compromise on the final text of the Nutrition and Health Claims Regulation was reached by the European Commission, Parliament, and Council only as a result of confirming the exclusion from its scope of member states’ synthetic nutrition labeling systems, a prerequisite for England’s green light
(8) Roberto La Pira. The question Giorgio Calabrese, nutritionist against traffic light labels, sugar tax but pro-palm oil, doesn’t like. The Food Fact. 15.12.18
(9) Dario Dongo, Andrea Adelmo Della Penna. Ultraprocessed food, disease and premature mortality. Study in Italy. GIFT (Great Italian Food Trade). 11.12.21
(10) Consumer Code, Leg. 206/05, Art. 27.7. Regulation on investigation procedures, adopted by AGCM on 1.4.15, Art. 9.
(11) PAT, Bari flatbread without tomato? Lawyer Dario Dongo answers.. FARE (Food and Agriculture Requirements). 11.1.22
(12) AGCM. Unfair business practices. Provisions:
- n. 30239, PS12131, NutriScore – Carrefour,
- n. 30240, PS12183, NutriScore-Pescanova,
- n. 30241, PS12186, NutriScore-Weetabix, and Alpen. In Bulletin 1.8.22 no. 29, https://www.agcm.it/dotcmsdoc/bollettini/2022/29-22.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
