Natasha Remba, LLB student (University of Groningen), n.t.remba student.rug.nl

Introduction

Non-communicable diseases (NCDs) are chronic conditions that typically progress slowly and are not caused by infectious agents, meaning they are not transmissible from person to person.[1] These include cancer, diabetes, heart disease and chronic lung disease and are liable for 74% of all deaths worldwide.[2] These diseases all share five major risk factors: tobacco use, physical inactivity, the harmful use of alcohol, unhealthy diets and air pollution.[3] In order to combat this, countries can implement laws to improve the population's health.[4] One of the main measures used to combat this issue in the UK is health warnings on food packages aimed at promoting informed consumer choices.[5] This blog post explores the current legislative framework, shows its link to international human rights and analyses its efficiency in terms of human rights standards and how they can be improved.

Current Legislative Measures 

“Health warnings on food” are labels on food packaging which explicitly highlight certain possible harmful ingredients or health effects, such as obesity or heart disease caused by high levels of fat, salt or sugar.[6] The UK's legal foundation for such labelling began with the Food Labelling Regulations 1996.[7] This regulation made it so that within Great Britain, food labels must show an appropriate warning on the label if the producer’s food contains certain harmful ingredients such as caffeine, tobacco, sweeteners/sugar, certain chemicals, etc.[8] For example, products that contain tobacco will display a graphic depiction of possible consequences or a textual warning. The UK also uses a traffic-light system that highlights sugar, fat and salt content levels.[9] Red means high, amber medium and green low, making green the healthiest option.[10] These labels are important to inform consumers of what they are ingesting into their bodies and empower them to make healthier dietary choices by providing clear, accessible, and impactful information. A UK-led online case study showed that over 14 randomised trials while involving over 12,600 participants, showed that graphic health warnings nudged consumers away from high-calorie snacks.[11] There was a 26% lower likelihood of choosing labelled products versus a product without a label.[12] This goes to show that with effective legislation, consumers will be more informed, meaning they will be more likely to make healthier choices.

Link to International Human Rights and its Standards for Laws on NCD Risk Factors

While the United Kingdom is no longer part of the European Union, it remains bound by key international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC), having ratified them all.[13] [14] [15]Article 12 of the ICESCR guarantees the right to the highest attainable standard of health, and this has direct implications for public policy, particularly around food labelling and the prevention of non-communicable diseases (NCDs) such as diabetes, obesity, and cardiovascular disease.[16]

Under General Comment 14, the Committee on Economic, Social and Cultural Rights emphasises the importance of measures targeting public health determinants and provides the obligation to provide health information to the public in an accessible and understandable manner.[17] Food labelling, therefore, plays a crucial role here. By clearly informing consumers about ingredients, additives, sugar, salt, and fat content, labels empower individuals to make informed choices that align with their health needs. Importantly, accessible and understandable food labels are part of a state’s obligation to fulfil the right to health. This includes ensuring information is provided in a non-discriminatory manner and is comprehensible to all sectors of the population

Analysis of Health Warnings Against Human Rights Standards

As previously discussed, health warnings on food labels play a critical role in realising international human rights standards, particularly the right to the highest attainable standard of health under Article 12 ICESCR.  A key component of this right is the accessibility of health-related information, allowing individuals to make informed decisions.[18] This is further clarified in General Comment No. 14, stating that health information must be accessible to all, without discrimination and in a form that is understandable and actionable by the public.[19]

The importance of accessibility can also be analysed through the lens of the Available, Accessible, Acceptable, and Quality Framework (also known as the AAAQ framework).[20] This framework helps outline that health services and goods, including information, must be Available, Accessible, Acceptable, and of Quality.[21] In this context, the UK's voluntary traffic light labelling system partially fulfils these criteria: it is widely available and designed to be accessible through colour coding. However, its voluntary nature and inconsistent application across food products limit its universal accessibility and quality, particularly for vulnerable or lower-literacy populations. [22]

Moreover, a lack of harmonisation in labelling practices can create confusion and hinder the public's ability to make informed choices. To fully realise its obligations under Article 12 and meet the standards outlined in the AAAQ framework, the UK should adopt mandatory front-of-pack labelling, strengthen public health education, regulate misleading marketing practices, and enhance school-based food literacy programmes.

Conclusion    

Health warnings on food packaging play a pivotal role in empowering consumers to make informed dietary choices and are directly linked to the realisation of the right to health under international human rights law. As previously discussed, the UK's current framework, the traffic-light labelling system and existing food regulations, has demonstrated effectiveness in reducing unhealthy choices. However, its voluntary nature and inconsistent implementation limit its reach and impact, especially for vulnerable populations. International human rights standards, particularly Article 12 of the ICESCR and General Comment No. 14, impose a clear obligation on states to ensure health-related information is accessible, understandable, and non-discriminatory. Analysed through the AAAQ framework, the current UK system falls short of fully meeting these obligations. To better align with human rights principles and improve public health outcomes, the UK should adopt mandatory, standardised front-of-pack labelling, strengthen health education initiatives, and address misleading marketing practices. These measures not only support individual autonomy and health equity but also serve as proactive steps in reducing the long-term burden of non-communicable diseases. By ensuring that consumers are consistently and clearly informed, especially from a young age, the UK can make meaningful progress towards a healthier population and a stronger public health system.

[1] European Commission, ‘Overview - Non-Communicable Diseases’ (European Commission, 17 November 2024) <https://health.ec.europa.eu/non-communicable-diseases/overview_en#:~:text=Non%2Dcommunicable%20diseases%20(NCDs),causes%20of%20avoidable%20premature%20deaths> accessed 17 November 2024.

[2] ibid.

[3] ibid.

[4] World Health Organization, ‘Noncommunicable Diseases’ (World Health Organization, 17 November 2024) <https://www.who.int/health-topics/noncommunicable-diseases#tab=tab_1> accessed 17 November 2024.

[5] UK Government, ‘Food and Drink Warnings’ (Gov.uk) <https://www.gov.uk/food-labelling-and-packaging/food-and-drink-warnings> accessed 17 November 2024.

[6] Reuters, ‘Food Packaging Should Have Labels on Front about Health Impact, Says WHO’ (Reuters, 18 October 2024) <https://www.reuters.com/business/healthcare-pharmaceuticals/food-packaging-should-have-labels-front-about-health-impact-says-who-2024-10-18/> accessed 17 November 2024.

[7] Food Labelling Regulations 1996, SI 1996/1499.

[8] ibid.

[9] NHS, ‘How to Read Food Labels’ (NHS, 17 November 2024) <https://www.nhs.uk/live-well/eat-well/food-guidelines-and-food-labels/how-to-read-food-labels/> accessed 17 November 2024.

[10] ibid.

[11] Natalie Clarke and others, 'Impact of Health Warning Labels on Selection and Consumption of Food and Alcohol Products: Systematic Review with Meta-Analysis' (2021) 15(3) Health Psychology Review 430 accessed 3 July 2025.

[12] ibid.

[13] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.

[14] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.

[15] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS .

[16] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3, art 12.

[17] Committee on Economic, Social and Cultural Rights, ‘General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12)’ (2000) UN Doc E/C.12/2000/4.

[18] World Health Organization Regional Office for Europe, ‘The Critical Role of Accessibility in Health Information’ (WHO Europe, 25 April 2025) <https://www.who.int/europe/news-room/feature-stories/item/the-critical-role-of-accessibility-in-health-information> accessed 1 July 2025.

[19] Committee on Economic, Social and Cultural Rights, ‘General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12)’ (2000) UN Doc E/C.12/2000/4.

[20] International Federation of Health and Human Rights Organisations (IFHHRO), ‘AAAQ Framework’ (IFHHRO) <https://www.ifhhro.org/topics/aaaq-framework/> accessed 3 July 2025.

[21] ibid.

[22] Public Health Scotland, ‘The Right to Health – Overview’ (Public Health Scotland,) <https://publichealthscotland.scot/population-health/social-and-economic-impacts-on-health/equity-and-justice/the-right-to-health/overview/> accessed 3 July 2025