As Makeshift As We Are: Hong Kong’s Pragmatic Approach to Nutrition Claims

Bryan Mercurio and Yuanyuan Zhang
Vol. 27
June 2021
Page 261

Hong Kong’s regulatory framework on food safety standards is strict yet pragmatic. The laws address the problem of information contained on the labels of pre-packaged food that do not comply with Hong Kong standards, taking into account the small size of the market and low level of locally produced food products. However, enforcement of these measures, which rely on supermarkets and other retailers to manually delete or “blackout” information from labels that contravenes Hong Kong Rules, is flawed. Enforcement is inconsistently applied, and perhaps evidences discrimination against imported products. More specifically, our findings indicate that nutrition claims which appear on the packaging of some imported products that are in full compliance with Hong Kong’s regulations are often nevertheless blacked out, while similar nutrition claims on competitor products remain visible to the public. Such measures may constitute a breach of Hong Kong’s international obligations under the World Trade Organization.

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