Calorie Labelling (Out of Home Sector) (England) Regulations 2021

Lord Moynihan Excerpts

Thursday 22nd July 2021 Lords Chamber

[Lord Moynihan (Con)]

My Lords, this September sees the launch of the Government’s new office for health promotion to drive the improvement of the health of the nation. Its function is to lead national efforts to level up the health of the nation by tackling obesity, improving mental health and promoting physical activity. It will be an important part of the consideration given to the forthcoming health and care legislation and should be key to co-ordinating policy across Whitehall, working, inter alia, with local authorities, which will play a key role in monitoring these regulations. Should the regulations pass into law, they will require very close co-ordination between government and local authorities, and I would be grateful if the Minister confirmed that the office for health promotion will be fully engaged in delivering this policy change.

I agree with the noble Baroness, Lady Finlay, about the labelling of alcohol.

I now move to the critical issues affecting these regulations. I fully appreciate that there are many important, nuanced and competing arguments to consider, including those so clearly and persuasively made by the noble Baroness, Lady Bull, regarding eating disorders, which I have consistently argued deserve a far higher priority in the NHS. However, the number of people with eating disorders who would be directly and negatively affected by the requirement for restaurants, takeaways and cafes with 250 or more employees may be considerably fewer than the number who are obese—people whom I believe, on balance, would benefit from this information.

The NHS Health Survey for England 2019 found that 16% of adults screened positive for a possible eating disorder. It is reasonable to deduce from that statistic that many in that category would not be negatively impacted. Even if all were so impacted, the same survey found that 64% of adults in England were overweight and/or obese, with conditions associated with an increased risk of a number of common causes of disease and death, including diabetes, cardiovascular disease and some cancers. What is more worrying is that in recent years there has been a marked increase in the proportion of adults who are overweight or obese.

That contrast is a powerful factor in weighing up the pros and cons of these regulations. The consultation exercise demonstrated the demand for the provision of information on calorie content, and that information should not rest exclusively on calorie counts, which, as the noble Lord, Lord Berkeley, said, is by no means a perfect standalone guide to a healthy diet. Take Itsu: one reason I regularly buy lunch there and take it back to my office is that it takes a holistic approach to the quality of the food it serves. It is high in protein and low in fat. It indicates the percentage of daily vegetable allowance providing potassium, iron and fibre to maintain healthy immune and digestive systems. It lists omega-3 content and products which contain zinc, iodine, potassium and vitamins, as well as the calorific value.

The labelling of nutrition will never be perfectly accurate. There will be complexities in implementing these regulations, including the resources required for local authorities. The Minister drew our attention to the report from the Secondary Legislation Scrutiny Committee, and its conclusion is persuasive:

“It appears that this is a situation where there is no ideal solution, but DHSC’s policy is one it believes will benefit most people. Although the evidence of success is equivocal (for example, Beat cites evidence that some of the dietary changes made by individuals in America in response to a similar campaign were small and short-lived), the obesity problem is so widespread that DHSC sees these Regulations as part of a campaign to raise awareness of calorie intake not only for individuals but also the hospitality industry.”


I believe that, on balance, these regulations will be for the greater good of the population and should be approved by the House today.