Nutri-score: European Ombudsman concludes “maladministration” of the Commission for withholding documents of public interest

The European Ombudsman criticises the European Commission for withholding important documents that would reveal why it has buried its plans to introduce a mandatory front-of-pack nutrition label. The Commission’s reasoning to partly refuse an access to documents request by foodwatch “constituted maladministration”, the Ombudsman writes in a statement published today. Already in February, the Ombudsman asked Commission President Ursula von der Leyen to “disclose the document without delay”. However, until now, the Commission refuses to do so. 

Food information to consumers: highly political

In December 2022, the European Commission failed to release a proposal to amend the Food Information to Consumers regulation into the EU decision process which then disappeared off the agenda. It would have suggested, among other things, an EU-wide, harmonised, and mandatory front-of-pack nutritional label. The scientific research was clearly showing a label such as Nutri-Score to be the most favourable model to propose.

“The Nutri-Score is proven to help consumers make more informed and healthier food choices. Such a label, mandatory and harmonised across the EU, is one of the most important public health tools to tackle malnutrition, obesity and prevent non-communicable diseases. Yet the Commission put its plans to introduce a front-of-pack nutrition label off the EU agenda with no real explanation”, explains Suzy Sumner, Head of the Brussels Office for foodwatch international. 

Lack of transparency

foodwatch introduced two requests for access to documents to find out why the proposal for a front-of-pack nutrition label never saw the light of day. The requests revealed information on several meetings between the agrifood industry and the Commission. However, access to the opinion of the Regulatory Scrutiny Board (RSB), the body that gives the green light that a proposal has completed all the stages and is ready to be published, as well as the draft impact assessment and notes of meetings, were denied. 

foodwatch criticises the lack of transparency of the process. In a letter of refusal to foodwatch during the process of the information request, the Commission argued that publicising would “undermine the institutions decision making process” and that there is “no overriding public interest to do so”. Hence, foodwatch appealed to the European Ombudsman in January this year.

“The Ombudsman has concluded maladministration, and we welcome that she fully supports the fact that the documents should have been released by the Commission. However, despite requests from the Ombudsman to the highest level of the Commission, access to these documents is still denied.  What is there to hide? The Commission owes EU citizens transparency and a clear explanation on why it is still not acting, despite the evidence that a label like Nutri-Score is proven to be a decisive measure against obesity, the growing numbers of type 2 diabetes and other non-communicable diseases.”

foodwatch strongly supports the introduction of a mandatory and harmonised front-of-pack label across the EU. Like the World Health Organisation in 2021, foodwatch believes Nutri-Score is the logo to deliver what is needed. “The Commission claims to be serious about beating cancer and dealing with heart disease but refuses to move on a simple tool which is proven to help. We have lost five years. It is time for the new Commission to take action”, says Suzy Sumner.

• Ombudsman decision
• Full story on foodwatch access to information request
• Front-of-pack nutrition label (FOPNL) is an easy and efficient tool
• WHO press release “Nutri-Score: Harmonized and mandatory front-of-pack nutrition label urgtently needed at the European Union level and beyond”,  September 2021