Born with a Plastic Spoon in Their Mouth? - Substitution, Interchangeability, and Marketing of Biosimilars.

Biosimilar medicines have the potential to increase medicine access and bring cost savings to consumers, but uptake has been slow for a range of reasons. This article analyses one such reason, namely the potential for competitors' promotional materials to use certain terms with technical meanings, such as "interchangeable" and "substitution", in a misleading way. Against the backdrop of a flawed co-regulatory system for pharmaceutical marketing, the article identifies a need for clear regulatory statements about appropriate uses of such terms in pharmaceutical marketing and promotion.

'Material likely to harm or disturb them': testing the alignment between film and game classification decisions and psychological research evidence.

This article analyses the practical operation of Australia's National Classification System (NCS) for films and games, to evaluate its alignment with the findings of psychological research. Twenty-nine decisions of the Classification Review Board are examined to determine the factors applied in assessing the impact of violent content and drawing the line between the different classification categories. The language used in referring to violent content is analysed to determine the concepts that influence the Board's view about the correct classification. These concepts are then tested against the research evidence on the depictions of violence that create the greatest risk of adverse outcomes for viewers and players. Not all of the concepts used in classification have a basis in the research evidence, and some are directly at odds with that evidence. The article concludes by recommending changes to the rules that could lead to better alignment between classification decisions and the research evidence.

'Sweet talk': framing the merits of a sugar tax in Australia.

Although rising rates of obesity are recognized as a major concern for Australian public health, debate on what (if any) responsive action should be undertaken is conceptually and normatively complex. It is shaped by diverse values and interests; different representations of the problem; and many options for action by government, the private sector or individuals. This paper presents research documenting arguments for and against implementing a sugar tax in Australia. It is based on semi-structured interviews with representatives from industry (n = 4), public health (n = 4), policy think tanks (n = 2); and document and media analyses. The research design was informed by framing and agenda setting theory with results reported under four main themes: framing economic impacts, framing equity, framing obesity and framing the 'nanny state' versus individual liberty argument. We found that proposals for a sugar tax as part of policy responses to the issue of overweight and obesity in Australia are framed very differently by actors who either support or oppose it. A conclusion is that policy makers and public health advocates involved in policy debates on a sugar tax need to understand the role of problem and 'solution' framing, and develop positions based on protecting the public interest as a basic ethical responsibility of governments and public agencies.

Obesity Prevention Laws and the Australian Constitution.

The idea of using law and regulation to prevent obesity in Australia is complicated by federalism. This article analyses in detail the powers of Commonwealth and State governments to determine which level(s) of government would be able to pass laws of the types recommended by the National Preventative Health Taskforce, namely marketing regulation, labelling regulation, content regulation, fiscal measures, built environment regulation and school regulation. The article considers the types of law that the Commonwealth could pass under the trade and commerce, taxation, communications and corporations powers, along with the power to make tied grants to the States. It then considers how the States could pass such laws but avoid levying any duty of excise, restricting freedom of interstate trade and passing any law that would be inconsistent with a Commonwealth law.

Marketing foods to children through product packaging: prolific, unhealthy and misleading.

OBJECTIVE: To investigate marketing techniques used on the packaging of child-oriented products sold through supermarkets. DESIGN: Food and beverage products which met criteria for 'marketed to children' were recorded as child-oriented. The products were analysed for food categories, nutritional value, and type and extent of marketing techniques used. SETTING: A major supermarket chain in Adelaide, South Australia. SUBJECTS: Child-oriented food and beverage products. RESULTS: One hundred and fifty-seven discrete products were marketed to children via product packaging; most (75·2 %) represented non-core foods, being high in fat or sugar. Many marketing techniques (more than sixteen unique marketing techniques) were used to promote child-oriented food products. Claims about health and nutrition were found on 55·5 % of non-core foods. A median of 6·43 marketing techniques per product was found. CONCLUSIONS: The high volume and power of marketing non-core foods to children via product packaging in supermarkets should be of concern to policy makers wanting to improve children's diet for their health and to tackle childhood obesity. Claims about health or nutrition on non-core foods deserve urgent attention owing to their potential to mislead and confuse child and adult consumers.

Regulatory axes on food advertising to children on television.

This article describes and evaluates some of the criteria on the basis of which food advertising to children on television could be regulated, including controls that revolve around the type of television programme, the type of product, the target audience and the time of day. Each of these criteria potentially functions as a conceptual device or "axis" around which regulation rotates. The article considers examples from a variety of jurisdictions around the world, including Sweden and Quebec. The article argues that restrictions centring on the time of day when a substantial proportion of children are expected to be watching television are likely to be the easiest for consumers to understand, and the most effective in limiting children's exposure to advertising.

Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development.