Front-of-Pack Labelling and International Trade Law: Revisiting the Health Star Rating System

Abstract

The Western world is suffering from an ‘obesity epidemic’, partly attributable to international trade. International trade has contributed to changes in diet, increases in pre-packaged food rich in sugar and salt, and an upsurge in obesity rates and non-communicable diseases. To address this, lawmakers have sought to provide consumers with more or better information, with the aim of nudging consumers towards healthier choices. In this vein, many countries have introduced interpretative front-of-pack (‘FoP’) schemes for food and beverages. In 2014, Australia and New Zealand implemented the Health Star Rating (‘HSR’) FoP system. One of the major flaws of this system is that it is voluntary. Yet, if made mandatory, the HSR system would have a direct impact on the product labelling of international companies selling in Australia and New Zealand. It would, therefore, be more likely to face international scrutiny. In this article, we propose that the HSR system be made mandatory. Thereafter, we analyse the compliance of a mandatory HSR system with international trade law. We conclude that Australia and New Zealand would need to narrowly frame their objectives for making the HSR system mandatory, backed by evidence. In doing so, Australia and New Zealand would likely have to recognise the FoP systems of some other jurisdictions.