Front-of-package labelling: A public health imperative rooted in the right to health.

backgroundTackling the rise in non-communicable diseases stemming from the consumption of ultra-processed, nutrient-poor packaged foods is a growing health priority in South Africa. Front of package labels have emerged as an integral intervention to address the consumption of unhealthy foods that contribute to non-communicable diseases, yet laws mandating front of package labelling have faced counter arguments from the food and beverage industry. In this paper, we ground front of package labelling within the right to health, and highlight the comparative experience of countries that have implemented front of package labelling to foreshadow industry arguments against regulations published in South Africa.

methodsThe study uses a doctrinal methodology to examine the content and duties of the right to health by analysing legal texts, statutes, case law, and international treaties. The study also engages legal provisions and assesses judicial decisions to ascertain the scope of the right to health and the obligations imposed on states and other duty-bearers.

resultsInternational law, African human rights law and the South African law have the enabling framework that recognises front of package labelling as a component of the right to health. This triggers the obligation to take reasonable legislative measures to ensure realisation of the right. A human rights framing of front of package labelling is of paramount importance given the vulnerability of individuals when considered within the context of powerful corporations as determinants of health.

conclusionThe positioning of front of package labelling as a fundamental right to health issue places obligations on the government of South Africa and other governments to stem the rising burden of non-communicable diseases and provides a mechanism to improve determinants of health among vulnerable populations.