Argument: Trans fats are uniquely unhealthy

One of the purposes of government is identify possible threats to health and protect the people from these threats. The fact that some government regulations seem 'silly' or misplaced, or cannot easily be understood by lay-people is not a compelling argument for having no regulations at all, or for not having regulations in the case of trans fat. The commentators who denounce the 'nanny state' do not indicate what, if any, regulations or styles of regulation they approve of. Do they think there should be no inspections of restaurants by health inspectors? No regulation at all of food or drug safety by the Food and Drug Administration? Some commentators think that people should be encouraged to study the dangers of trans fats and make their own judgements about what to eat. But people have limited time to do research on such matters. It makes sense to delegate the research to a central authority, so that instead of 300 million people trying to learn about trans fats and every other lurking menace, a handful of experts can make recommendations based on the likely responses and desires of the average, informed citizen.

Non-specialists’ capacity to absorb information on complex chemical and biological subjects is quite limited. The majority of us are reliant on the research of others for most of what we know.(5) The opinion of the experts on the dangers of trans fats is conclusive: trans fats are unsafe.

The American Food and Drug Administration (FDA) considers all uses of trans fats to be 'generally regarded as safe.' This allows the use of trans fats in whatever way food producers desire. ’Safe’ for the FDA means 'a reasonable certainty in the minds of competent scientists that the substance is not harmful under its intended conditions of use', which no longer applies to trans fats. This 'generally regarded as safe' status should be revoked which in turn would greatly restrict its use in food.

The other option would be to allow local jurisdictions to regulate trans fats, but this would be more costly and lead to a patchwork of regulations.(1) The most effective method of controlling the use of trans-fats is through centralised, nationally applicable policy making. The poor and young are particularly vulnerable to the negative health effects of trans fats; at the very least, the threat posed to these groups justifies the use of informed regulation. Professor Alan Maryon-Davis, president of the UK Faculty of Public Health said in 2010: "There are great differences in the amount of trans-fats consumed by different people and we are particularly concerned about young people and those with little disposable income who eat a lot of this type of food. This is a major health inequalities issue.”(6)

The government has a legitimate interest in protecting its citizens from harms that they are not best placed to understand or avoid themselves, and so a ban on trans fats would not only save lives but would also be legitimate under the government's role to protect when citizens cannot reasonably protect themselves.

Candidate 1: "The American FDA considers the use of trans fats to be 'generally safe'.(1) The British Food Standards Agency says the UK's low average consumption of trans fats makes a complete ban unnecessary.(6) These organisations are already supposed to regulate foodstuffs and monitor trans fats, if they agreed that they needed to act surely they would.

For individuals considered especially vulnerable to the effects of trans-fat consumption, such as the old or the poor, the government should consider education, not a ban. Moreover, the real issue here isn't about health, but about the right of a citizen of a free country to choose to eat whatever foods he wishes. The role of government is not to restrict the freedoms of its citizens but to protect individuals and to defend their right to act freely. Informed, adult individuals have every right to eat whatever fattening, caloric or artery-clogging meals they please. Government health boards have no right to restrict the foods law-abiding citizens choose to put into their own bodies.(10)"
Candidate 2: "Health experts agree that banning trans fats would save thousands of lives specifically because the substance is dangerous even when consumed in very low quantities. They are simply a dangerous additive, which adds no extra value to food. 'Taste' considerations are simply a red herring, as switching to other fats would produce no meaningful change in taste, as has been demonstrated by several large food corporations who have made the shift without disappointing their customer base. The fact that other foodstuffs may be dangerous is an argument for better education or regulation regarding them, or -if merited -their own bans, but is not a case against banning trans fats. Trans-fats are significantly different to all the other unhealthy foods listed by side opposition, as trans fats are easily replaceable by less unhealthy substitutes, which things like sugar are not."
Candidate 3: "A ban on trans fats will cause specific harms which cannot be fixed by switching to other fats or food preparation methods. Particularly hard hit would be small businesses, who would struggle to make the transition because they no not have the budgets to research alternative ways to make their products taste the same and so are likely to end up at a disadvantage compared to their bigger rivals. Moreover all businesses would suffer from reduced shelf life for their products.(7)

Such a ban does not make economic sense, and despite propositions claims trans fats cannot always be easily replaced. We use trans fats because they work well. For example they are needed in hydrogenation in order to convert liquid vegetable oils in to being solid, needed for example to make margarine, the amount of trans fats used for this can be reduced but not eliminated. Moreover, Michael Mason of The New York Times argues: "for preparing certain kinds of foods, there are few alternatives besides the saturated fats that have long been high on the list of artery-clogging foods.”(18)"
Candidate 4: "Many large and small chains have already made the transition to alternatives to trans-fat, so it is entirely possible. These alternatives will get cheaper with time as they are used more frequently and as the companies that produce and distribute them increase their sales volumes and are able to sell them for lower prices, meaning that small and individual restaurants will indeed be able to afford them and survive. Moreover, the health concerns in this debate override purely economic concerns or the closure of small businesses, as lives are involved."
Candidate 5: "Calling for an "education campaign" to inform consumers of what they are eating may sound sufficient, but this is very often just not enough. No matter what the government does, people will simply miss the "instructional" information provided by the government and will continue to consume trans fats without full information regarding its negative effects. In such circumstances, it is the government's job to step in a take action through a ban or other measures.

Moreover, when a harmful trend such as the use of trans-fats becomes endemic and entrenched, it becomes increasingly difficult for citizens to always be aware of the fact that a food has trans fats in them and make the "choice" to eat or not to eat them.(15)

Producers include trans fats into foods without adjusting labelling, further affecting consumers’ ability to purchase foods that do not include trans-fats. The trans fats hidden in many processed foods are worse for a person's health than saturated fats. In 2005, CHOICE, an Australian watchdog tested more than 50 processed foods and found many contained trans fats at unacceptably high levels. After re-tests it was still clear that, while the fast-food chains had reduced their levels of trans fats, and some of the foods tested previously had eliminated trans fats altogether, others now contained even more than before. Foods such as pies, cakes and doughnuts may contain trans fats without the consumer even knowing about it.(16)"

The American FDA considers the use of trans fats to be 'generally safe'.(1) The British Food Standards Agency says the UK's low average consumption of trans fats makes a complete ban unnecessary.(6) These organisations are already supposed to regulate foodstuffs and monitor trans fats, if they agreed that they needed to act surely they would.

For individuals considered especially vulnerable to the effects of trans-fat consumption, such as the old or the poor, the government should consider education, not a ban. Moreover, the real issue here isn't about health, but about the right of a citizen of a free country to choose to eat whatever foods he wishes. The role of government is not to restrict the freedoms of its citizens but to protect individuals and to defend their right to act freely. Informed, adult individuals have every right to eat whatever fattening, caloric or artery-clogging meals they please. Government health boards have no right to restrict the foods law-abiding citizens choose to put into their own bodies.(10)
