Trans fatty acids
Danish legislation on industrially produced trans fatty acids
Denmark is the first country in the world to have adopted legislation on the industrial use of trans fatty acids in foods (Order No. 160 of 11 March 2003). The Danish legislation has been applied since January 2004 setting a maximum level on the content of industrially produced trans fatty acids in processed foods.
The most important aspects of the legislation are shown below:
- it applies to industrially produced oils and fats that are intended for, or likely to be consumed by humans either alone or as part of food products.
- it does not apply to animal fats with a natural content of trans fatty acids.
- the content of trans fatty acids in oils, fats and food products must not exceed 2 grams per 100 grams of oil or fat.
- the content of trans fatty acids in products claimed to be “free from trans fatty acids” must not exceed 1 gram per 100 grams of oil or fat.
The legislation is based on several major prospective population studies from the mid nineties and onward which indicated that, gram for gram, the intake of trans fatty acids as compared with saturated fatty acids is associated with an approximately 10-fold higher risk increment for the development of heart disease.
The EU-commission initiated a lawsuit against Denmark in 2005 contending that the Danish legislation on trans fatty acids was a technical trade hindrance, and thus not proportionate with the health threat posed by trans fatty acids. The Danish government maintained that from a health point of view the legislation was legitimate and forwarded extensive scientific documentation to confirm this. In 2007 the EU-commission decided to withdraw its lawsuit against Denmark.
The control of any legislative infringements is carried out by the local authorities under The Danish Veterinary and Food Administration.
Consequences for industry
The legislation banning trans fatty acids has not resulted in significant adjustment problems in the industry. No problems have been reported when it comes to the substitution of trans fatty acids with other types of fats. The substitution has apparently neither caused any significant rise in the price of the involved commodities of food.
Results of imposing legislation
An investigation of the TFA content in foods sold in Denmark was carried out from 2002-03 on 253 Danish produced or imported foods collected, as a starting point for the Danish regulation.
A follow-up investigation was performed in 2004-05, where a total of 148 Danish produced or imported foods were analysed. A second follow-up investigation with 45 foods was carried out in 2006-07.
In 26% of the products analysed in 2002–3, the content of industrially produced trans fatty acids was higher than 2 grams per 100 grams of fat. While a trans fat content higher than 2 grams per 100 grams of fat only was seen in 11% of the products analyzed in 2004–5, and in 9% of the products analysed 2006–7.
The level of industrially produced trans fatty acids in food products has thus gradually declined during the surveyed period and the desired effect of the Danish regulation has been obtained. It is the intention to carry out yet another survey in 2010.
Substitution of trans fatty acids
Comparisons of the fatty acid profiles in the surveys mentioned above have shown that, in 68% of the products (e.g. sweets, cakes and cookies as well as fast food such as pie and tortilla), industrially produced trans fatty acids have mainly been substituted with saturated fatty acids. The source of saturated fatty acids is in most cases either coconut fat or palm oil. However, in important cases like frying fats, which among other places is used in fast food restaurants, healthier fat substitutes with monounsaturated fatty acids are now used.
It is important to note, that even in cases where industrially produced trans fat have been substituted with what is considered one of the less healthy acids, the substitution is still a major improvement considering the detrimental health effects of trans fatty acids.
Restrictions on industrially produced trans fatty acids in other countries
Since the implementation of the Danish legislation still more international experts have pointed out the adverse effects on health that can be linked to the use of trans fatty acids. Switzerland, Austria, the state of California and New York City have or are in a process to implement restrictions on the use of industrially produced trans fatty acids. Countries such as Sweden, UK and Canada have engaged in a dialogue with the food industry about voluntary procedures to reduce the content of industrially produced trans fatty acids in processed foods.