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

People’s access to food served in the out-of-home sector is increasing through the accelerated growth of online aggregators such as Deliveroo and Uber Eats. Kantar Worldpanel data suggests that in 2020 these types of businesses grew in value by 172% and serviced 14.5 million shoppers.

Out-of-home calorie labelling supports people to make more informed choices when eating out and encourages businesses to reformulate their food to provide lower calorie options. Research shows that popular UK chain restaurants with calorie labelling serve items with less fat and less salt than those that do not display calorie information. Calorie labelling may therefore encourage businesses to offer healthier products altogether.

Evidence from the US, where calorie labelling in out-of-home settings already has come into effect, reinforces that calorie labelling delivers a small but significant reduction in calories purchased by consumers, who noticed and used the information. Increasingly, consumers want to know how many calories are in the food and drink they buy when eating out or ordering a takeaway. Surveys indicate that nearly 80% of people think that menus should include calories for food and drink items and that 60% of people would be more likely to eat at an establishment that offers calorie labelling on its menus.

Some businesses understand this and are taking the lead by voluntarily displaying calorie information. However, we can do more to ensure that this practice becomes more widespread and consistent across the sector. Previous attempts to encourage businesses to voluntarily display calorie information through the Department of Health and Social Care’s responsibility deal have proved insufficient at driving action on the scale required to make a substantive change to our food environment. That is why we are introducing a mandatory requirement for large out-of-home food businesses.

The importance of the out-of-home food sector to local communities and to the economy is something we are acutely aware of, as is how hard our hospitality sector has been impacted by Covid-19. By requiring only large businesses to calorie label, we are ensuring that smaller businesses which will likely find the requirement more challenging to implement are not impacted. Large businesses account for 49% of all turnover in the out-of-home sector and potentially there are more significant benefits. Our impact assessment estimates that the policy will have a net benefit to the economy of £5.6 billion over the next 25 years.

In conclusion, given the scale of the obesity challenge, we must take action to make the food environment healthier and promote transparency between businesses and consumers. I encourage noble Lords to review the helpful and informative briefing provided by Diabetes UK, which I would be happy to share. Its briefing highlights the importance of this legislation to help people with, and at risk of, diabetes. By taking action to improve our nation’s health, we will be happier, fitter and more resistant to diseases such as diabetes, cancer and Covid-19. I beg to move.

Public health always involves trade-offs, with small harms to a few the price of gains for the many. The risk of my mammogram is worth it because I am screened for a disease to which I am vulnerable, but can it be justified for a public health measure to hurt people with no risk of the disease? If labelling was really going significantly to impact obesity, this prioritisation of physical over mental health might be justified, but evidence suggests it will not. We need instead an integrated approach to weight-related issues across the spectrum, recognising the co-occurrence and shared risk factors for obesity and eating disorders, and involving both fields from the outset. These regulations are not that. Given the high levels of concern, I ask government to commit to reviewing their impact not just on obesity but on any rise in the rate of eating disorders.

My regret today is genuine. I regret the limited effect that the regulations will have on obesity and the distress they will cause to those with eating disorders, and I deeply regret that we have failed in our efforts to protect them. I regret that, despite so many people bravely speaking out and despite the efforts of charities and clinicians, it has not been possible to work together on a public health approach to obesity, an approach that would more effectively support one part of the community without causing lasting collateral damage to another.

I believe the Minister has fallen short with the regulations that he has produced. They do not go far enough. The Government know perfectly well that, of the calories obese people consume, 10% come from alcohol, yet they consistently resist displaying sugar and calorific content on labels for drinks. When this comes into play in February next year, you will be able to go into a restaurant and see what the calorific effect will be. You will be able to see what the calories are in food and in any non-alcoholic drink you may have—a fizzy or non-fizzy drink—and how much sugar is in it, but, if you pick up a pint of lager, you will have no idea what effect it will have on your health and well-being, or whether it is contributing to obesity. That must change. The Government must break their link with the powerful drinks industry—and before long they will have to. They know in their heart that they must do it, and the sooner they address the issue, the better for the country as a whole.

Those in recovery—and to be clear, recovery is not a linear process for sufferers; many get dragged back down time and again—will be at greater risk once this measure is introduced. Seeing calories on a menu will be one more way, once they are seated at the table, of stacking the cards against them as they battle the demons in their head telling them exactly what they are allowed to eat. In short, it turns what might have been a manageable situation—a moment of all too brief happiness for a family eating out—into one that descends into a paralysing stand-off.

There is no logic in eating disorders, only triggers to letting the illness claim control of your loved one. Victoria, another eating disorder sufferer, described it to me like this:

“During my recovery, I found calorie labelling highly triggering as it held me back from rebuilding my relationship with food and my understanding of how to feed myself in a healthy way without being controlled by numbers ... Eating disorder recovery is very fragile and I am daunted by the prospect that calorie counts will be harder now to avoid”.

This is the reality of these regulations for eating disorder sufferers.

The Explanatory Memorandum refers to the concession that menus without calories will be permitted—but, when I asked about the guidance that businesses were being offered, the department confirmed that there will be no obligation to produce such menus. So there is no guarantee of one being available and no sanction if the restaurant just turns around and says no. Why does the guidance for businesses not at least strongly recommend that such menus are available on request?

So the noble Baroness, Lady Bull, is right. We must review the impacts of this legislation within 12 months of its introduction, including assessing fully the impacts on eating disorder sufferers. We all want to encourage more healthy eating, but interventions should be evidenced-based and consider the implications for other vulnerable communities.

As the Minister said, nearly one-quarter of children in England are overweight or obese when they start primary school aged five, and this rises to one-third by the time they leave aged 11. Childhood obesity rates in the UK are among the highest in western Europe. Obese children are more likely to become obese adults; currently, around two-thirds of adults are overweight or obese, with one in four living with obesity. We know that regular overconsumption of a relatively small number of calories leads to individuals becoming overweight or obese.

The problem is clear: it is likely that eating out frequently, including eating takeaway meals, contributes to this gradual overconsumption of calories. Research suggests that eating out accounts for 20% to 25% of adult energy, and that when someone eats out or eats a takeaway meal they consume, on average, 200 more calories per day than if they eat food prepared at home. This all adds up. Data also tells us that portions of food or drink that people eat out or eat as takeaway meals contain, on average, twice as many calories as equivalent retailer own-brand or manufacturer-branded products. Some 96% of people eat out, and 43% do so at least once or twice a week—a huge increase on even a decade or so ago.

There is strong public demand for calorie labelling in the out-of-home sector. People want information so as to make better choices. Nearly 80% of respondents to a survey by Public Health England said they think that menus should include the number of calories in food and drinks. This thirst for information also applies to alcohol. An experiment conducted by the RSPH in 2017 showed that, on an evening out in the pub, those drinking with calorie labelling on the menu drank 400 calories fewer than those who were not aware of what they were drinking. The problem is huge, and every tool in the toolkit has to be used to tackle it. There is no time to waste.

“shocked how far alcohol is always kept out of nutrition policy”.

Today’s debate is an example of that.

I would like to quote Adrian Chiles, who explored labelling for “Panorama”. He said:

“It is absurd in a pub that you buy a pint, it doesn’t have to tell you how many calories are in it, but you buy a bag of crisps to go with the pint, by law, it has to give you the number of calories … on an alcoholic product you don’t have to provide nutritional information including calories … if you’ve got a Becks blue, which is the alcohol free one, it’s got all the nutritional information and how many calories on it, ordinary Becks, they don’t have to put it on there”.

If we are labelling food with calories, it is blatantly absurd and deeply irresponsible to ignore alcoholic drinks, both in the bottle and when served by the glass in all out-of-home venues. There is evidence, as we have heard from the noble Baroness, Lady Jenkin, that when calories are displayed on drinks, people drink less, thereby also decreasing their liver damage, their risk of injury, of a road accident or of fuelling their addiction, quite apart from reducing their calorie intake and the obesogenic effect. I could go on. I strongly support the noble Lord, Lord Brooke of Alverthorpe.

As the noble Baroness, Lady Bull, mentioned, there are some serious issues with the regulation, but on the other hand, as I said on Tuesday, this country of ours is the second most obese in the world after the US. If this calorie-count idea and these regulations follow the US, it is probably because so many of our food producers are owned by US companies. It is a start, but I do not think it is sufficient. We can see from the Explanatory Memorandum that there was no support for an independent voluntary arrangement. That says a lot about where the food industry—and the brewing industry—is coming from. I hope that the Government will come back with something a bit stronger in future.

My final question may seem a bit silly but paragraph 7.17 of the Explanatory Memorandum states that international aircraft, trains and ferries are excluded but presumably, if one wants to buy a sandwich on a train, all the relevant documentation will be needed. I am sure that the Government will come up with some more ideas—