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  • Page | Last updated: 08 Apr 2021

Food and non-alcoholic beverage marketing to children and adolescents - examples of implemented policies addressing food and non-alcoholic beverage marketing to children and adolescents

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Based on the World Cancer Research Fund NOURISHING framework (WCRF), unless otherwise cited.

Regulation of broadcast media
EU
  • The Audiovisual Media Services Directive (Dir. 2010/13/EU (pdf)) (AVMSD) addresses broadcast advertising to children and calls Commission and EU Member States (MS) to 'encourage media service providers to develop codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in children's programmes, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular those such as fat, trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended'.
  • The AVMSD is being revised under the Commission Regulatory Fitness and Performance Programme (REFIT). The legislative proposal (2016/0151 COD), amended (COM 2016/0287) by European Parliament committees, states that 'MS and the Commision shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications', to reduce the exposure of children to inappropriate audiovisual commercial communications for alcoholic beverages and foods 'containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars'. In addition '[t]hey shall aim to provide that such audiovisual commercial communications do not emphasise the positive quality of the nutritional aspects of such foods and beverages'.
  • The amended proposal also foresees a role for the European Regulators Group for Audiovisual Media Services (ERGA) in assisting the Commission by providing expertise and advice and facilitate exchange of best practices. ERGA could also draft opinions on commercial communications for HFSS foods (COM 2016/0287).
Ireland
  • Advertising, sponsorship, teleshopping and product placement of foods high in fats, sugars, and salt, as defined by a nutrient profiling model, are prohibited during children's TV and radio programmes, defined as programmes where over 50% of the audience are < 18 yrs.
  • Overall limit on advertising of foods high in fats, sugars, and salt at any time of day to < 25% of sold advertising time.
  • Advertising at children < 13 yrs must not include nutrient or health claims or licensed characters.
  • Food advertising to children < 18 yrs must not feature celebrities, and for children < 15 yrs must not include characters and personalities from children’s programmes.
Sweden
  • General prohibition of TV advertising during programmes appealing to children under 12 (WHO 2016 (pdf)).
  • Programmes addressed at children < 12 yrs may not be preceded or followed by advertising.
United Kingdom
  • The Broadcast Code applies to all advertisements (including teleshopping, content on self-promotional television channels, television text and interactive television advertisements) and programme sponsorship on radio and television services for children (< 16 yrs) (BCAP 2010 (pdf)).
  • 'Children's product and services' are defined as products or services of more or less exclusive interest to children, while 'Products and services of interest to children' are products or services that are likely to appeal to children but are not of exclusive interest to them. HFSS foods are defined by a Dept. of Health nutrient profiling model (UK Health Department 2011 (pdf)).
  • Licensed characters and celebrities popular with children, as well as health or nutrition claims, may not be used in HFSS product advertisements for pre-school or primary school children. In addition, advertisements 'must not directly advise or ask children to buy or to ask their parents or other adults to make enquiries or purchases for them'.
  • The Code also contains rules on advertising of weight control, slimming and low calorie products.
Norway
  • General advertising, including foods and beverages, in children's programmes on TV, radio and teletext is prohibited in broadcast media originating in Norway.
  • Advertising cannot include persons or figures that had a prominent role in radio and TV programmes for children or young adults in Norway in the previous 12 months.
Iran
  • Broadcast advertising of soft drinks has been prohibited since 2004, while a list of 24 food items to be prohibited from advertising in all media is pending approval.
Mexico
  • Restricted advertising of foods and sweetened beverages, defined according to a nutrient profiling model.
  • Applies to TV programmes (or films) classified as 'A' within the times of 2.30-7.30 pm on weekdays and 7.00 am-7.30 pm on weekends, where over 35% of the audience are < 13 yrs.
  • Implementation began in 2014 for sweetened drinks, potato chips, chocolates and confectionary and will be extended to other foods covered by the nutrient profiling model.
South Korea
  • TV advertising to children < 18 yrs is prohibited for specific categories of food before, during and after programmes shown between 5-7 pm; also applies to advertising on TV, radio, and internet which includes gratuitous incentives to purchase (e.g. free toys).
Taiwan
  • Restricted food products are banned from being advertised on dedicated TV channels for children (determined by TV channel operators) between 5-9 pm.
  • Restricted food products include snacks, candies, drinks, ice products, and food products with fats > 30% of total calorie count, saturated fat > 10% of total calorie count, foods with > 400 mg of sodium per serving and foods where added sugars account for > 10% of total calorie count.
  • Restricted food products also banned from being advertised with free or premium toys including fast food chain restaurants.

 

Regulation of non-broadcast media
United Kingdom
  • The Non-Broadcast code (BCAP 2010 (pdf)) applies to the following media:
    - newspapers, magazines, brochures, leaflets, circulars, mailings, e-mails, text transmissions (including SMS and MMS).
    - posters and other promotional media in public settings, including moving images.
    - cinema, video, DVD and Blu-ray.
    - non-broadcast electronic media, including but not limited to online advertisement in paid-for space (including banners, pop-ups, online videos), paid-for search listings, viral advertisements, in-game advertisements, advergames, online promotions, etc.
    - advertisements and other marketing communications in websites of companies, or in other non-paid space under their control.
  • After public consultation, and since 1st July 2017, the advertising of HFSS foods or drinks targeted at children and adolescents < 16 yrs have been banned from all non-broadcast media. HFSS foods are defined by a Dept. of Health nutrient profiling model (UK Health Department 2011 (pdf)).
  • Specifically, HFSS food ads cannot appear in children's media, or media of which children < 16 yrs make up more than 25% of the audience. Importantly, ads for HFSS products are not allowed to use promotions, licensed characters or celebrities popular with children, but such techniques can be used to promote healthier product alternatives (ASA 2016, CAP 2016a (pdf)).
  • Committee of Advertising Practice (CAP) rules also 'prohibit brand advertising (including, branding such as company logos or characters) that has the effect of promoting specific HFSS products, even if they are not featured directly' and give examples of specific advertising scenarios in order to differentiate advertisement of a specific HFSS product from advertisement of a specific brand (CAP 2016a (pdf)).

 

Regulation of any medium
Brazil
  • Established criteria for publicity and marketing, aimed at children ≤ 11 yrs and adolescents 12-18 yrs and prohibits any kind of abusive publicity. Applies also to food marketing.
  • Abusive publicity includes any form of market communication (including TV, radio, internet, apps) intended to persuade children and adolescents to consume a product using strategies such as child language, songs, child representation, celebrities appealing to children, comics or animations, dolls or puppets, promotions using prizes, collectible gifts, as well as competitions or games that appeal to children.
  • In addition,  promotions where a food product is advertised alongside a toy or another object that a child would like to acquire, but which can only be obtained if a certain quantity of the food is purchased, are prohibited.
Canada
  • Prohibition of advertising, including food and beverage products directed at children < 13 yrs on TV, radio, print, internet, mobile phones as well as through using promotional items.
  • To determine what is considered a children's programme, the following criteria are used: i) the promoted product is intended and/ or appeals specifically to children ii) the presentation of the advertisement is appealing to children and iii) the time and place of the advertisement allows children to be exposed to it.
Chile
  • Limits advertising directed to children < 14 yrs for foods and beverages high in calories, saturated fat, sugar, and sodium content.
  • Advertising to children covers TV programmes, radios, magazines or websites with an audience of greater than 20% children, or in commercial breaks before, during, or after these shows. Promotional strategies and incentives, such as cartoons, animations, and toys, are included in the prohibition.
Peru
  • Range of provisions designed to discourage unhealthy diets, including restrictions for advertising aimed at children and adolescents < 16 yrs through any medium.
  • Includes not using age-inappropriate portion sizes, gifts, prizes or any other benefit to encourage purchase or consumption of food or drinks, not using real or fictional characters known to children.

 

Regulation of marketing in schools
EU countries
  • Various EU countries have policies that restrict marketing of foods in schools, including restrictions on marketing of HFSS foods (JRC 2014).
Poland
  • Legislation includes rules for sales, advertising, and promotion of foods (based on a list of food categories)
  • Nutrition standards for canteens in pre-schools, primary, and secondary schools also included.
  • Advertising and promotion of foods that do not meet the nutrition standards is banned in schools.
Spain
  • No advertising in schools and kindergartens.
  • Criteria for the authorisation of food promotion campaigns, nutritional education and promotion of sports or physical activity campaigns were developed jointly by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN) and the Regional Health Authorities.
  • AECOSAN and the Spanish Regional Education and Health Administrations monitor the enforcement of the law.
Chile
  • Promotion, marketing, or advertising of foods in the 'high in' category products in pre-school, primary, and secondary schools is banned (since 1 July 2016).
United States
  • The Healthy Hunger-Free Kids Act (HHFKA 2010 (pdf)) authorises funding and sets policies for USDA’s core child nutrition programmes and requires local educational authorities participating in national school and breakfast programmes (USDA School Lunch Website), which included more than 31 million children in 2012 (USDA Factsheet), to develop a local school wellness policy promoting student health and addressing obesity.
  • Local school wellness policy (US Fed Reg 2014 (pdf)) should, at a minimum, include policies that allow marketing and advertising of only those foods and beverages that meet the Smart Snacks in School nutrition standards (USDA 2014) or local school standards if the latter are more restrictive.
  • For the school year 2015-2016, local educational authorities are encouraged (and held accountable) to review their wellness policies and implement the legal requirements.
Uruguay
  • Advertising and marketing of foods and drinks prohibited that do not meet nutrition standards.
  • Applies to all forms of advertising, including posters, billboards, use of logos/brands on school supplies, sponsorship, distribution of prizes, free samples at schools, and the display and visibility of food.

 

Requirement for a healthy message or warning
France
  • All TV advertising (targeted at children or adults) for processed food and drinks, or food and drinks containing added fats, sweeteners and/or salt, must be accompanied by a message on the principles of dietary education, from the National Institute of Health Education.
  • The messages are: 'For your health, eat at least five fruits and vegetables a day'; 'For your health, exercise regularly'; 'For your health, avoid eating too many foods that are high in fat, sugar or salt; 'For your health, avoid snacking between meals'.
Peru
  • Warnings on advertising for foods high in saturated fats, sugars and salt, and containing trans fats: 'High in sodium/sugar/saturated fat: avoid excessive consumption', 'Contains trans-fat: avoid consuming'.

 

Provide information
EU
  • Reg. (EU) 1924/2006  (Reg. 1924/2006 (pdf)) on health and nutrition claims governs health and nutrition claims that can be made on foods, and aims to ensure clear, accurate, and science-based claims: it includes rules on scientific substantiation, claim presentation, and wording.
  • Reg. (EU) No. 1169/2011 (Reg. 1169/2011 (pdf)) on food information to consumers addresses mainly on-pack labelling rules and in particular mandatory nutritional information, font size on packaging, country of origin information for some categories and allergen labelling. It also includes rules to avoid misleading information, e.g. by suggesting 'by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient'.

 

Voluntary self-regulation marketing codes
EU
  • The EU Pledge, launched in 2007 as part of the EU platform for Action on Diet, Physical Activity and Health (EU Platform), is an EU-wide voluntary initiative from food and beverage manufacturers to improve commercial communications to children.
  • EU Pledge signatories oblige themselves to not advertise food and beverage products to children, or advertise only products meeting specific nutrition criteria, and to refrain from marketing communications in primary schools. In the EU Pledge, “advertising to children” has been defined to cover programmes with an audience of at least  35% children aged up to 12 yrs.
  • The EU Pledge covers advertising in TV, printed media and internet (company or third-party owned websites). From 31st December 2016 it extended to radio, cinema and DVD/CD. Other marketing strategies covered include direct marketing including SMS, product placement, interactive games and mobile marketing. Where lacking audience measurement, advertisers will consider not only placement but also overall impression of message.
  • The EU Pledge is based on its own, harmonised nutrition criteria for all signatories (EU Pledge 2012), which include setting food category-specific energy caps, maximum limits for salt, saturated fat and sugar, as well as minimum requirements for 'positive' nutrients, defined per food category (fibre and wholegrain in cereals, protein and calcium in dairy, protein in meat and fishery, polyunsaturated fatty acids in vegetable oils, spreads and fats, etc.)
  • The signatories of the EU Pledge account for approx. 80% of food advertising expenditure in the EU. The EU Pledge is monitored (EU Pledge 2015) by 3rd party annual review since 2009.
EU (EU 2016)
  • National self-regulation initiatives also exist in EU countries already covered by the EU Pledge, e.g. in Belgium (Belgian Pledge) and Portugal (Portuguese Pledge).
Norway
  • Norwegian Food and Drink Industry Professional Practices Committee (MFU) which includes a detailed code (MFU 2016a, MFU 2016b) rules, e.g. on what is considered as marketing versus just product and packaging and an assessment of when marketing is targeted specifically at children.
USA (CFBAI 2014a (pdf))
  • The US Children Food and Beverage Advertising Initiative (CFBAI) aims to include only healthy dietary choices or 'better-for-you' foods in advertising and assist in dissemination of healthy lifestyle messages, consistent with established standards (e.g. USDA Dietary Guidelines & My Plate).
  • CFBAI targets children < 12 yrs and defines children’s media as those with at least 35% of the expected audience being 2-11 yrs of age. It covers advertising in TV, radio, printed media, 3rd party websites, company-owned websites, video and on-pack games, DVD movies, digital devices advertising, as well as product placement in promotion of any programme directed to children. Use of 3rd party licensed characters, celebrities and movie tie-ins should be consistent with CFBAI commitments, while no advertisement of branded foods is allowed in elementary schools.
  • CFBAI is based on food category-specific common nutrition criteria (CFBAI 2011) that aim to limit calories, saturated and trans fats, sodium and sugars intake, while encouraging consumption of fruit, vegetables, and fat-free and low-fat dairy products. Participant companies may also employ company-specific criteria, if such are at least as strong as the common ones.
  • CFBAI accounts for 80% of child-targeted TV food advertising expenditure and is responsible for self-monitoring (CFBAI 2014b (pdf)) company commitments, relying on progress reports and reviews (2007-2014). CFBAI has also been subjected twice in an independent reviewing by the US Federal Trade Commission (FTC 2012 (pdf).
Other non-EU
  • The Rudd Center database has further examples of industry pledges around the globe (Rudd Center database). Most target children under the age of 12 or 13 yrs and define children specific media as media of which at least 35% or 50% of the audience are children.
  • Nutrition criteria used to define what foods can or cannot be advertised to children, are either set by individual companies, or are jointly agreed by all companies participating in a common initiative.