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39 U.N.S.W.L.J. 658 (2016)
Health Conscious and Confused: Why 'Healthy' Trade Marks Matter to Consumers

handle is hein.journals/swales39 and id is 669 raw text is: UNSWLaw Journal HEALTH CONSCIOUS AND CONFUSED: WHY 'HEALTHY' TRADE MARKS MATTER TO CONSUMERS JAY SANDERSON* I INTRODUCTION Consumers increasingly seek out and pay more for foods with particular characteristics or qualities. Consumers, for example, often choose foods that are free-range or that are produced sustainably or come from a particular region. Many consumers also seek out 'healthy' foods. Indeed, the demand for 'healthy' foods has risen dramatically in recent years as consumers select foods that are healthy, natural, organic, fresh, paleo, whole or super. A 2015 global survey of over 30 000 individuals, for example, found that the health characteristics of foods are imperative to consumer choices, with over 80 per cent of respondents willing to pay more for products that claim health benefits. One of the main ways in which consumers determine which foods are 'healthy' is through the information on the food labels.2 Information on food labels is provided in different ways but commonly includes mandatory nutrition information panels, optional nutrition content claims and health claims. 3 Consumers also get information from other aspects of food packaging and advertising, such as branding and trade marks. The information on food products regularly serves two associated (but at times inconsistent) goals. On the one * Jay Sanderson is a Senior Lecturer in the USC Law School, University of the Sunshine Coast. He would like to thank Lana Ristic for her research assistance, and his USC Law School colleagues, the anonymous reviewers and the UNSWLaw Journal editors for their helpful comments. This research was supported under the Australian Research Council's Laureate Fellowship Project, Harnessing Intellectual Property to Build Food Security. 1 The Nielsen Company, 'We Are What We Eat: Healthy Eating Trends around the World' (Global Health and Wellness Report, January 2015) 12 <http://www.nielsen.com/content/dam/nielsenglobal/eu/nielsen insights/pdfs/Nielsen%/o20Global%2OHealth%/o2Oand%/o2OWellness%2OReporto20O-%2OJanuary%20 2015.pdf>. 2 See, eg, Nadia Prinsloo et al, 'A Critical Review of the Significance of Food Labelling during Consumer Decision Making' (2012) 40 Journal ofFamily Ecology and Consumer Sciences 83. 3 Australian food labelling laws identify different types of health claims, including nutrition content (eg, 'good source of calcium'), general-level health claims (eg, 'calcium is good for your bones') and high- level health claims (eg, 'this food is high in calcium, calcium may reduce osteoarthritis'). See Food Standards Australia New Zealand, Australia New Zealand Food Standards Code, 1 March 2016, standard 1.2.8 (Nutrition Information Requirements), standard 1.2.7 (Nutrition, Health and Related Claims) ('Standard 1.2.7'). 658 Volume 39(2)

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