The CCU is opposed to the regulation of comparative analysis in food

Madrid, July 8, 2014.

The Council of Consumers and Users (CCU) today issued a negative opinion on the draft Royal Decree that regulates how studies, reports and comparative analyses on food products are carried out as, so they understand, it would make more difficult and would limit the scope of such studies and, most importantly, it would affect consumers’ right to information.
This proposed regulation about comparative studies is in response to strong pressure from the food industry, which has always been uncomfortable with the studies and comparative analyses done by OCU. These independent, objective and truthful reports, are the only thing consumers have to counterbalance food industry advertising.

In the opinion of OCU these regulations would limit and hinder the work of consumer groups or any organization that wanted to perform independent comparative studies. The Government intends that the comparative tests follow the same requirements as the official food controls, so establishing additional and excessive obligations that will hinder, and in many cases prevent these analyses being carried out, so depriving consumers of their right to accurate information about products.
Among other impositions, the Government intends to force those who carry out studies and comparative analyses to break confidentiality with the laboratories with whom they work, even though they all have the same accreditation as that required for the official controls. Guarding the identity of the laboratory is the only way to avoid the strong pressure that the food industry can bring to bear on them, and it is essential to ensure that consumers receive information which is independent, objective and truthful.

For OCU the regulations are a clear discrimination in favour of the industry because it is much more demanding regarding those who do comparative studies of food products compared to those who put them on the market or advertise them.
OCU reiterates that any information which is published is subject to the obligations under the Spanish Constitution. In this sense it would point out that so far all attempts by the food industry to discredit its work in defending consumers have been in vain and that the courts have repeatedly endorsed the work of OCU.
OCU along with other associations that form part of the CCU has asked the government to amend the legislation so that it will not hinder or in practice prevent us doing comparative analyses which guarantee the consumers’ right to information.
Finally, OCU announces that if these changes are not permitted and the law is approved in its current form, it will carry out all necessary social, legal and judicial mobilization efforts at national, EU and international level so that the right to communicate and receive accurate information is guaranteed and is not hindered by this unprecedented legislation.