Calorie labelling in the out of home sector: consultation analysis

6. How and where information is displayed

The consultation document discussed various ways in which calorie information could be displayed. The consultation paper referred to research showing that calorie information currently provided in out of home settings is inconsistent, and so the consultation proposed a standardised approach. This would involve including calorie information at all points of choice, in the same size and font as the price, to only present calorie information and to include a reference statement such as 'adults need around 2,000 calories a day'.

Questions 9a-9d requested views on each of the above presentation suggestions.

Q9a. Calorie information should be provided at all points of choice

Question 9a - What are your views on the proposed requirements shown below for the display of calorie information? - Calorie information should be provided at all points of choice

Overview

Question 9a received 573 responses in total - 508 from individuals and 65 from organisations. Of the 65 organisational responses the largest number of responses came from public sector organisations followed by out of home food providers. In general, the response to this question was negative.

It is worth noting that there is significant overlap in many of the arguments presented below and people's overall opposition to the policy expressed in response to Question 1. This could be due to the definition of 'point of choice' being provided in the glossary of terms rather than in the section of the consultation associated with this question, or due to lack of engagement with the consultation document. This meant that the vast majority of respondents answered with views on whether or not calories should be presented on menus in general.

People should be able to opt-out

Many responses put forward the argument that menus with and without calories should be available in out of home settings on request if the policy went ahead:

"On request only - either printed menu or a digital solution provided by the operator." [Organisation, Out of Home Provider]

"Not necessarily - there should be a way for people to opt out of seeing calorie values when they choose their food." [Organisation, Public Sector Organisation]

Arguments against providing calorie information at all points of choice

The concern raised most frequently was the effect that this policy would have on those with existing eating disorders, and those recovering, and the way the policy could encourage disordered eating in others.

The cost to businesses was again identified by many respondents as a problem. Most pointed to the practicalities of training staff to calculate calories and reprinting menus. Others argued that this policy would discourage the public from eating out, and thus damage business earnings.

Other argued that a standardised approach was not appropriate and that businesses should have flexibility in terms of display. This was a view expressed by both individuals and respondents from industry representative bodies, out of home providers, public sector and third sector organisations. For example:

"Businesses should be given as much flexibility as possible when it comes to displaying calorie information at the point of choice. Space, layout and customer flow are all factors that will be unique to business settings." [Organisation, Industry Representative Body]

Arguments in favour of providing calorie information at all points of choice

Respondents that supported the policy put forward two main arguments for this: that it would assist in informing healthy choices and that displaying calorie labelling at all or some points of choice would make the information easy to access.

Q9b. Calorie information should be displayed in the same font and size as the price

Question 9b - What are your views on the proposed requirements shown below for the display of calorie information? - Calorie information should be displayed in the same font and size as the price

Overview

In total, 489 individuals and 59 organisations provided responses to question 9b.

Arguments against displaying calorie information in the same font and size as price

Most responses offered in opposition to this suggestion put forward that calorie labels should be smaller than the price. The reasons put forward were that having price and calories displayed in the same way exaggerated the importance of calories, would distort menus causing confusion for consumers, would increase costs to businesses, and that displaying in this way would make them unavoidable for those who may not wish to see them.

Other respondents suggested that more flexibility should be put forward in the presentation of this information to help businesses adjust. For example, the use of bold or italics could be used to either emphasise of deemphasise calories. A minority suggested that calories could be housed separately to menu items, such as through a QR code, on an index card, or on the back of the menu given that display space is often at a premium.

Arguments in favour of displaying calorie information in the same font and size as price

Of those that supported presenting calories in the same way as price, the main reasoning put forward was ease of reading and accessibility of the information for all to benefit. For example:

"Calorie information should be in the same font and size as the price. It should also be clear and easy to read. Locating calorie information beside the price could result in this information being seen and used by more consumers. Consumers will almost always check the price before purchasing at the point of choice and so will also notice the calorie information, if it is located beside the price." [Organisation, Third Sector Organisation]

Other respondents suggested that this would allow for uniformity and that calories were as important as price and should be displayed as such.

Q9c. Calorie information should be provided in calorie only and not also kilojoule

Question 9c - What are your views on the proposed requirements shown below for the display of calorie information? - Calorie information should be provided in calorie only and not also kilojoule

Overview

In total, 463 individuals and 62 organisations provided responses to question 9c.

Of those who provided a reason for their answers to 9c, the majority agreed with only including calories on menus.

Arguments in favour of displaying calories only

Respondents believed that there was a lack of understanding of kilojoules amongst the public and their inclusion would cause confusion. This tied into an expressed desire to keep things simple for consumers and avoid over-crowding on menu boards.

Two lesser expressed arguments were that since both units measure the same thing, it would be redundant to display both, and that displaying calories only would be practical as it mirrors English regulations so would not create additional costs in Scotland.

Arguments in favour displaying both Kcal and KJ

Among the minority of responses that expressed a desire to display both measurements there was a sense that displaying both gave further information to consumers which was positive.

A small number of respondents argued that kilojoules measure energy content and so may be less stigmatizing to display than calories and some suggested both measures could be provided to consumers on request.

Q9d. Calorie information should include the reference statement of "adults need around 2,000 calories a day"

Question 9d - What are your views on the proposed requirements shown below for the display of calorie information? - Calorie information should include the reference statement of "adults need around 2,000 calories a day"

Overview

In total, 495 individuals and 65 organisations provided responses to question 9d. Overall, responses to this question were overwhelmingly negative.

Arguments against the inclusion of a reference statement

The most consistent view expressed against the inclusion of this reference statement was the perception that this reference statement was inaccurate, misleading, and unsuitable for much of the population:

"No, this is inaccurate - 2000 is for women, 2500 is for men, the above statement applies to just 50% of adults." [Individual]

Additionally, in relation to the eating disorder argument that featured throughout consultation responses, respondents specifically highlighted the way that the 2000 calorie mark could be used by some as a target for overeating, or by others as a target for undereating.

Another view expressed was that this information was redundant based on the perception that the vast majority of the population already know the recommended number of calories that an adult needs to consume per day from supermarket labelling. Furthermore, a small minority argued that it was not the responsibility of businesses to educate the population on this.

Arguments in favour of the inclusion of the reference statement

Among respondents that agreed with the inclusion of the reference statement argued that it was useful to contextualise calorie intake for the consumer to ensure people both eat less and enough. Within these responses some argued that this would ensure consistency with England and aid in the effectiveness of the policy as a whole. These arguments are neatly summarized in the following response from a third sector organisation:

"Research has found that calorie labelling can help consumers to lower their calorie intake, especially when the information is provided alongside contextual information indicating recommended daily calorie intakes. Survey evidence also shows that information on recommended daily intake is supported by the public, with respondents stating that it is very or fairly important that an explanation of recommended daily calorie intake is provided. Including a reference statement would, therefore, help to make calorie labelling more effective, particularly among consumers who have limited knowledge of recommended daily calorie intakes." [Third Sector Organisation]

Finally, both positive and negative responses made arguments that more information should be provided alongside the reference statement to ensure it does not mislead the public. For example, the statement should include the difference in guidance for gender and factors that can alter this such as height, weight, and activity levels.

Q10. Availability of menus without calorie information on request

Question 10 - Should businesses be required or provide the option to have menus without calorie information available on request of the consumer?

Overview

The consultation asked respondents whether they thought businesses should be required to provide the option to have menus without calorie information on request of the consumer. In total, 602 respondents provided a response to the closed element of question 10 (531 individuals and 71 organisations).

The majority (52%) of those who responded to the consultation thought that the option to have menus without calorie information on request of the consumer should be a requirement for businesses. A further 35% said that thought that it should be an option for businesses while 13% said they did not know.

A lower proportion of organisational respondents thought that it should be a requirement for businesses (35%) than individuals (55%) and more likely to think that it should be an option (49% compared to 33% of individuals). Out of home providers and industry representative bodies were more likely to feel that this should only be an option for businesses whereas third sector organisations were most likely to say it should be a requirement for businesses followed by public sector organisations.

In total, 386 individuals and 62 organisations provided responses explaining their answer to question 10.

It should be a requirement for businesses

Many respondents, across individuals and organisations, stated that if the policy was introduced then the availability of menus without the calorie information should be a requirement to protect customers who suffer from eating disorders.

Many respondents stated that they felt that menus without calorie information should be the default and that menus with calorie information should be available on request. The main reason given for this was to protect those who suffered from eating disorders. Others highlighted that to offer these as the default with the calorie labelled one available on request would overcome the burden of having to ask for the calorie-free menu, while still offering the menu with calories for those who wish to see it:

"…to offer a calorie-free menu given as standard, with the option to ask for one with calorie information on. "A customer has to be mentally strong enough to request this [optional calorie-free menu]" and "it needs to be the other way round" were comments received by [organisation] on this proposal." [Organisation, Third Sector]

It should be an option for businesses

Many respondents who argued that providing menus without calorie labelling should be an option for businesses felt that to mandate two sets of menus would have a cost impact on business which would particularly negatively affect Small and Medium Enterprises (SMEs).

Some organisations, including OOH providers, felt that if they were being mandated to have calories on menus then it was unreasonable for them to also have to produce a menu without calories:

"We took the decision as a business not to provide menus without calorie values on request. It was considered to add additional complexity and cost to the business. Despite serving several million guests since the calorie legislation came into effect in England, and against a media backdrop that heightened awareness of the potential impact of calorie labelling to those with past or present eating disorders, we have only had two requests for menus to be provided without calories." [Organisation, Out of Home Provider]

Several responses focused on the potential regulatory challenges of enforcement where two sets of menus are available and that if businesses offer a choice then the potentially positive impacts of mandatory calorie labelling could be mitigated by businesses offering calorie free menus as the default.

Q11. Practical implications of being required to provide menus without calorie information on request

Question 11 - If businesses are required to also have menus without calorie information available on request of the consumer, what practical implications would this have for businesses?

Overview

In total, 410 individuals and 63 organisations provided a response to question 11.

Many respondents reiterated their feeling that menus without calorie information should be the default and that the introduction of mandatory calorie labelling would introduce cost and time implications as opposed to the additional requirement to provide menus without calorie information should the policy go ahead.

Practical implications

The additional printing costs of having to provide two sets of menus was raised as a practical consideration by many respondents, though many noted that any new requirement to mandate calorie information on menus would be the trigger to introducing these costs. This was particularly highlighted as an issue for small businesses:

"There would be substantially increased costs in being forced to provide two sets of menus, as well as being impractical in some hospitality settings." [Organisation, Industry Representative Body]

Others noted that it was not possible to provide two sets of menus on digital displays at the same time and that to require two menus would add to the time taken to update menus when there were changes. Issues were also raised in terms of accessibility and access to two versions of Braille menu or menus in different languages.

Time implications and issues around understanding the rules related to offering menus without calorie information to customers were also raised, with potential for confusion:

"This is likely to confuse, as which menu is to be given out? Keeping them separate? How is this communicated to staff? Does the consumer need to specify that they want the menu without calorie information?" [Individual]

A proposition suggested by a few respondents was that to avoid much of the additional cost and environmental impact associated with printing two sets of each menu, that QR codes could be used so that menus with or without calorie information could be accessed online.

Q12. Mitigating measures that could be adopted for consumers who may find calorie information upsetting

Question 12 - What other mitigating measures could be adopted for consumers who may find calorie information upsetting? - Please give us your views

Overview

In total, 442 individuals and 53 organisations provided a response to question 12.

Mitigating measures

Many respondents used this question to reiterate their opposition to the policy as a whole and stated that they felt the most appropriate mitigating measure would be not to introduce mandatory calorie labelling at all.

A large number of responses noted that offering menus without calorie information at the point of choice could be a potential mitigating measures such as on takeaway services, being able to specify that you require a menu without calories when booking a table at a restaurant or being asked what type of menu you require on arrival.

Another mitigating measure raised by several respondents repeated points made in previous questions that menus containing calories should only be provided on request.

Other responses (including those from third sector organisations representing those with eating disorders) raised the view that providing links to resources for help with eating disorders on menus with calorie information could be one mitigating measure. Within this context there were calls for Scottish Government to work on a comprehensive package of guidance for organisations expected to implement this policy. The following quote illustrate some of these views:

"[Organisation] recommends that the Scottish Government provides all OOH establishments included in this proposed legislation appropriate guidance relating to the implementation and effect of the inclusion of calorie labelling at the point of choice, including information on how people with eating disorders may be affected. This guidance should be produced in collaboration with experts in the field of eating disorders, including those with lived experience." [Organisation, Third Sector]

Another mitigating measure suggested was not including calorie information on large or external signage in OOH settings and providing calorie information as an appendix or separate sheet for those who wish to see it, rather than mandating menus with calories on.

A few responses noted a need to educate OOH establishments about the potential negative effects of the policy on those with eating disorders as a potential mitigating measure.

Another mitigating measure suggested was not to use signage referring to a need to consume 2,000 calories a day as this was not always appropriate, particularly for those suffering from or recovering from an eating disorder.

Other responses suggested using labelling referring to a choice as 'healthier, using a traffic light system or adopting a Health Star rating system such as that used in Australia as appropriate mitigating measures.

Several respondents questioned why any mitigating measures were needed in the context of high levels of obesity and raised the view that there was no requirement for any mitigating measures as the information should be available to everyone. A small number of respondents questioned why this information would be upsetting for people.

However, many respondents, particularly those who had raised issues regarding eating disorders throughout, felt that the question itself was an admission that the policy would do harm and that, rather than mitigating against the harms, the policy should not be implemented at all. Among this group of respondents many took issue with the use of the word 'upsetting' and felt it minimised the triggering and potentially traumatic impact the policy could have on them:

"Upsetting" does not begin to describe the trauma for someone with an incipient, full-blown, or recovering eating disorder. it is almost insulting to describe their mental anguish in this way, There is nothing will mitigate this pain except removing the instrument that causes it: don't put triggering information in front of someone with an eating disorder and ask them to make impossible choices." [Individual]