Not ban, only regulation, on soft drinks and junk food in PHL schools

During recess, the children at a private school in San Carlos City, Pangasinan run to the canteen to gulp down soft drinks and munch the contents of packaged tsitsirya (junk food).
Their favorite drink-to-go is Pepsi Blue; a Grade 3 student there remarked it was tastier than the usual black soda.

As private school students continue to get a sugar rush with soft drinks and junk food, those from public schools are fed with boiled bananas and kamotes, as in the case of a public school in Binangonan, Rizal.

Students are also sold with Zesto and Yakult to gulp down their healthy food items, supposedly to maintain the good health of their students.

And as far as teacher Elma Hizon is concerned, the sale of soft drinks and junk foods is banned, following a supposed order from the Department of Education (DepEd).

"Utos na sa taas talaga na hindi pwede (ang soft drinks at junk food)," she said. "Ang mga bata, kapag sinabing wala, hindi na rin sila magrereklamo."

"Mabuti na 'yung walang junkfood sa canteen," the canteen teacher in Rizal added.

Not explicitly banned

According to a 2008 survey conducted by the Food and Nutrition Research Institute under the Department of Science and Technology, soft drinks are the third top beverage choice for children aged 6 to 12 years old, with 15 percent of those surveyed drinking soda.

Junk foods seem to the 12th preferred food choice for kids, according to the survey, with 17.5 percent of those surveyed munching on the junk.

Obesity among children is also on the rise, supposedly on the consumption of junk food and soft drinks, according to the same institute—in 2011, at least 8 in 100 (or 7.5%) of school children 6-10 years old, and around 4 in 100 (or 4.3 percent) of preschoolers 0-5 years old are overweight.

Despite the shocking trend, it turns out there was no ban on soft drinks and junk foods to begin with, since these food items—despite their lack of nutritious content—are not explicitly banned by government, according to the DepEd's health director.

The DepEd Order No. 8 Series of 2007 states that "the sale of carbonated drinks, sugar-based synthetic or artificially flavored juices, junk foods and any food product that may be detrimental to a child's health... is prohibited."

But with the caveat—except for food that have the Sangkap Pinoy brand and the approval of the Food and Drugs Administration (FDA), according to the order.

Apparently, soft drinks and junk food are not banned by the FDA, since these supposedly have no chemical content that are potentially detrimental to children, according to DepEd's Health and Nutrition Center director Ella Napunguluit.

"We did not mention ban or sanctions sa memorandum," she said in a phone interview with GMA News Online.

"Hindi naman siya parang may gamit na kemikal na nakakasama sa katawan... Although ang soft drinks and junk food ay sinasabing masama sa katawan, we can't absolutely ban. We only recommend regulation," she added.

Healthy options alongside junk

What works for them is the sale of more nutritious food items compared to those of junk food and soft drinks, Napunguluit said.

"As long as there are other healthier options na unang makikita ng bata, they can sell coke and junk food," she said.

This was confirmed by FDA spokesperson Jesusa Joyce Cirunay, who said that they have yet to define junk food in their products for approval. Meanwhile, soft drinks classified under processed food have passed their food safety and quality standards, she added.

The office, under the Department of Health, is tasked with analyzing and inspecting food, drugs, and cosmetics.

According to Republic Act No. 3720,  the FDA can only prohibit "adulterated food" that contain "poisonous or deleterious substance," "filthy, putrid, or in part decomposed substance," or those "prepared, packed, or held under unsanitary conditions."

While the law does not specifically ban unhealthy food options, it prohibits those "(containing) any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glass not in excess of four-tenths of one per centum, natural gum, and pectin."

"For as long as food is presented as safe—(passing) food safety and quality (standards)—they are allowed to be sold in the market," Cirunay said.

Massive food inspections

The DepEd first issued the order in 2005, but its implementing guidelines were released in 2007.

The education department then began a massive inspection of school canteens in 2011 after an incident of food poisoning in Tuguegarao City that killed two students after they ate rice noodles served in the canteen there.

Since then, the inspection has included checking the food items sold at canteens.

Despite the clarification, some DepEd officials still believe a ban is still in place.

"Ako ay nakakasigurado na halos lahat ng mga paaralan ay sumusunod sa aming directive," DepEd assistant secretary Toni Umali said in a phone interview. "Ang kagawaran ay mas naging aktibo sa pag-aalaga sa kalusugan ng mga bata."

Informed about the supposed sale of soft drinks in schools, DepEd San Carlos City division deputy head Marilou Cardenas said the ban is a "work in progress" and there are "efforts to implement it."

She urged the public to inform them of any schools violating the supposed "ban."

"We ensure that they don't sell banned food such as soft drinks. May mga pasaway din. But it's a work in progress," Cardenas said.

'Hindi seryoso'

Despite the confidence-building measures, the education department has dismayed one public school teachers' group—France Castro, a trustee of the Philippine Public School Teachers Association, claimed the DepEd is not strict in implementing the order.

"Hindi seryoso ang DepEd sa pag-iimplement ng order," said. "Kahit may order from DepEd, minsan mas malaki ang hila ng pagnenegosyo sa paaralan," she added.

Castro, who is now the secretary general of the militant Alliance of Concerned Teachers, even observed that the supposed ban is most lax at secondary schools, having toured many schools in 2009 when she was a member of a  Quezon City division's taskforce on health and sanitation.

"Hindi talaga total ang pagsunod sa guidance," she added.

This was somehow confirmed by Umali, who said their order seems to be less strict in 12,000 private schools nationwide as these have relatively greater jurisdiction on their food items, Umali said.

"Sa private school, ang supervision level namin ay to make sure that they are following the laws of the land. Ayaw pa natin saklawin sila (sa soft drink and junk food ban) dahil 'yan ay mga pribadong paaralan," he said.

In a private school in Baguio City, for instance, fried chicken, fruits, and vegetable dishes with artificial juices in bottles and tetrapacks, as well as bottled cola drinks are sold in the canteen there, according to its registrar.

But even a public school in San Carlos City still sells soft drinks. Their canteen lady, Aling Glorinda (not her real name) said she was informed of a soft drinks and junk food ban from DepEd—but she still sells one case of soda a day, if only to purposely limit their supply, she added.

"Kung tutuusin, pwede namang (itigil ang pagbenta ng sofdrinks)," she said. "Pero kasi ang mga bata, lumalabas sila para bumili ng softdrinks. Baka masagasaan."

Instead of a total ban, the FDA spokesperson suggested an education drive to teach students the ill benefits of junk food and soft drinks.

"Siguro turulan na lang ang mga bata kung ano ang dapat kainin," Cirunay said.

For now, DepEd's Napunguluit said their "regulation" should work to teach the children proper diet.

"What I'd like for children is to empower them to make the right choice. Hindi naman pwedeng parang Hitler na walang choices," the health director said. — VC, GMA News