UPF regulation unlikely despite mounting consumer pressure

Consumers across Europe are increasingly concerned about the impact of ultra-processed foods (UPF), believing them to be damaging to health and the environment, and leading to growing calls for tighter regulation.

A recent study covering 14 European countries found just 35% of consumers trust that UPFs are safe under current regulations. 65% meanwhile feel that further regulations were required.

Despite this, analysts at think-tank Nesta, believe arguments for stricter regulations on UPFs are “weak” and unlikely to bring about enforcement.

“For some people, the concept of ultra-processed foods has become a new tool to consider the healthiness of the food they are purchasing,” says Dr John Barber, deputy director of healthy life at Nesta. “As a result, a growing number of prominent figures are now suggesting that ultra-processed foods should be regulated.”

Case for UPF regulation ‘weak’The consumption of UPFs varies significantly across Europe. While it averages 27% of total daily energy intake across Europe, this fluctuates from 14% in Italy and Romania to 44% in the UK and Sweden (EUROHealthNet).

Looking more closely at the UK, one of the highest consumers of UPFs, Nesta found regulations on levels of fat, salt and sugar (HFSS) to be extensive, making further regulations unnecessary.

“Nesta’s analysis, using purchasing data from 3.3m transactions at a major UK supermarket in 2021, finds a significant overlap between the two categories (UPFs and HFSS foods), suggesting that current HFSS-focused policies already target a large proportion of UPF calories,” says Dr Barber.

Their analysis found that almost two thirds of UPF calories purchased (64%) came from HFSS products. This proportion increased to almost four fifths (78%) when staple foods like bread and yoghurt, which are often classed as UPF but not strongly linked to negative health outcomes, are excluded.

For UPF drinks, only one in five (21%) were classified as HFSS. But these HFSS drinks, such as high-sugar fizzy drinks, accounted for over half (56%) of calories consumed from UPF drinks.

Similarly, the European Union has enforced regulations relating to foods high in fat, salt and sugar, though its focus has been on front-of-pack labelling and health claims.

The heavily-criticised NOVA Classification classifies yoghurts as an ultra-processed food, without taking potential health benefits into account. (Image: Getty/IGphotography)What should governments do?Almost all research on UPFs uses the heavily-criticised NOVA classification system, which defines UPFs as ‘formulations of ingredients, mostly of exclusive industrial use, made by a series of industrial processes, many requiring sophisticated equipment and technology’.

However, the Nesta report points out this definition lacks the precision and specificity needed for regulation. It also points to a limited understanding of precisely how UPF processes may cause health harms.

In fact, such is the strength of feeling against the NOVA Classification, the food and beverage industry has been itself working on alternatives. Just last month health brand Zoe launched its own UPF classification. The new Food Risk Scale seeks to make clear that not all UPFs are equally detrimental to health and there are potential health benefits to certain foods and beverages.

On the back of this analysis, Dr Barber is urging governments and regulators to “stick to the definitions we know work” for policy-making.

“Ultimately, the evidence is just not there at present for ultra-processed food as a category to be used more broadly in regulation,” he says.

Moreover, he argues that stricter regulations would only serve to further confuse consumers.

“It isn’t always easy for consumers to evaluate how healthy different food products are,” says Dr Barber. “Relentless advertising and promotion are nudging us towards buying and consuming excess calories. But our research found that a majority of ultra-processed foods are already captured in existing measures intended to reduce sales of unhealthy products, such as advertising restrictions.”

However, he does want governments to put more pressure on retailers to set targets for the “healthiness of the average basket of food sold”.

Regulation on HFSS unlikely at this time. (LauriPatterson/Image: Getty/LauriPatterson)