UK’s “poorly defined” legislation against junk food puts sports nutrition sector at risk, ESSNA warns

07 Apr 2021 --- The European Specialist Sports Nutrition Alliance (ESSNA) is calling on the UK government to ensure that restrictions on foods meant to tackle childhood obesity do not negatively impact the sports nutrition segment.

The statement argues that the UK government “poorly defines” what model will be used to categorize HFSS foods (those high in fat, sugar and salt) that put children at risk.

If the government uses the Nutrient Profile Model (NPM), ESSNA warns, it would result in food products intended for sportspeople being unintentionally affected by promotion restrictions. 

“There is a serious gap in the upcoming regulation of HFSS products in the UK; at the moment, we do not know whether the government’s proposal is based on the NPM,” explains Dr. Adam Carey, chair of ESSNA.

ESSNA urges the government to clearly define what products will be regulated as HFSS and issue a clear list of exemptions for specialist products intended for sportspeople to avoid confusing industry and consumers.

“Sports nutrition products are, by design, made with higher levels of certain nutrients to cater to the specific needs of people engaged in high-intensity exercise and other forms of activity, and the benefits of these products are very well documented in scientific literature,” Carey asserts. 

“These products are by no means identifiable as HFSS and are not targeted at children. They are intended for adults leading active lifestyles.”

Sports nutrition products are intentionally made with higher levels of certain nutrients to cater to consumers engaged in high-intensity exercise.Defining the category
The Alliance also asks the government to explain what constitutes a product that will come to children’s attention, provide guidance to enforcement authorities and ensure that the latter are clear about what products fall within the scope of the new legislation.

For example, active lifestyle products, such as high-protein bars and carbohydrate-electrolyte drinks, should be exempt from HFSS restrictions, ESSNA supports. 

However, this task may be increasingly difficult as the F&B industry has witnessed the sports nutrition sector blur into the mainstream, including the on-the-go convenience foods sector and confectionery. 

Innova Market Insights notes that the global Sports Nutrition category was led by Sports Powders in 2020, but innovation is also seen in spreads, drinks, porridge and even coffee with sport enhancing claims.

For example, last July, M&Ms launched a high-protein sports bar. Mars Consumer Drinks & Treats also adds that its Snickers Hi-Protein Peanut Butter became a permanent stock-keeping unit (SKU) after the initial limited edition launch proved popular. 

Confectionery and sports nutrition are increasingly blurring lines.Drawing the line
ESSNA argues that without an exemption, public health could suffer unintentional consequences as consumers will have less access to products supporting an active lifestyle. 

“Sports nutrition products play a key role in supporting a healthy lifestyle. Their benefits are well documented, and their marketing is clear in explaining the right conditions of use,” the Alliance supports. 

Under the new legislation, products defined as HFSS will not be allowed to take part in volume promotions, such as buy one get one free. Placement in prominent locations will be barred, both online and in-store, and advertising before 9 PM will be banned on TV and online.

“Blanket restrictions without appropriate exemptions and guidance for enforcers and businesses risk damaging a multitude of specialist food sectors, such as the sports nutrition industry, which play a key role in supporting the government objectives of a healthier, fitter Britain,” adds Carey. 

Promoting an active lifestyle
ESSNA urges the government to ensure that the promotion of sport and physical activity, as well as balanced diets, remains at the core of government policy.

The Alliance points out that it fully supports the UK government’s goal to tackle obesity and improve people’s diets. 

Its consumer education campaign, for example, launched in 2016 works to ensure consumers are well-informed on sports nutrition products, are purchasing and using products that are unique to their specific needs, and are staying safe, notes ESSNA. 

“We urge the UK government to acknowledge and support the contribution of the sports nutrition industry on the promotion of healthy diets and active lifestyles,” Carey concludes. 

By Missy Green