Download The global map and overview of marketing restrictions to children

Food and Beverage Marketing to
Children
The global regulatory agenda
June 2015
WHO - NCD Action Plan 2013-2020
Marketing to children
Pressure map
EU28 – Childhood Obesity
+ NCDs monitoring framework +
GCM Policy Brief
Action Plan + ongoing scrutiny
by EuroParl + expected
revision of AVMSD
Norway – Government to
evaluate food ad SR in 2015
Latvia – Government proposal to
ban advertising of energy drinks
Ontario –Health Ministers
launches consultation to
reduce ‘HFSS’ food ad
Estonia – First Lady vows to
WHO Europe to strengthen
food M2K regulation
NL – Industry adopted a
stricter Pledge (tougher than
EU Pledge)
UK – pressure to further
tighten food ad reg
US – First Lady keeps
up pressure on SR+
NGO pressure
Mexico – ‘HFSS’ food
ad regulation in place
+ PAHO
Kiribati –
Govt’s
draft
proposal
to restrict
food M2K
Poland – gov proposes
food ad restrictions
Slovenia – ongoing
discussion on ad reg
OFCOM rules extended to
Ireland + all media
Canada – main
opposition party
pledges to ban food
M2K
Ecuador – Food ad
bill passed + fiscal
HFFS rebate rules
Peru – HFSS NC based on
PAHO
Chile –implementation of
‘HFSS’ ad regulation–
tougher nutrition criteria
expected + New M2K food
restriction amendments
Hungary - debate
on food ad reg +
advertising tax
France – Gov-commissioned
report recommends ‘HFSS’
food ad watershed ban
Morocco – Upcoming
NCD action plan
Russia – pending
food ad bill
UAE –
Upcoming NCDs
Colombia –
action plan +
Regulatory movement
EMRO expected
+ potential pledge
to support WHO
EURO NP
India–
Brazil CONANDA
FSSAI
recomends ban on all
pressure
advertising to children
on F&B
Malta–
NCD
– Food ad bills
M2K
action plan
pending
Uruguay –
Proposals on M2K
bill + new ban on
child acting
Argentina – Congress
looking to introduce full ban
on advertising to children
China – adopted new
ad law – support SR
Turkey – Pending
restrictions on food
ad to children +
WHO Europe
Italy – Ad
bill pending
South Korea
– debate on
further ad reg
Thailand debate on
ad reg
Taiwan –
Government proposal
to ban food M2K
Philippines
– debate on
ad reg
Malaysia:
Government
proposal to
regulate
food M2k
Indonesia – debate
on food ad reg
Singapore – New
food ad code adopted
South Africa –
Health Ministry
proposal to ban
food M2K
Australia – food ad
bills pending
Click on the label to go directly to the
dedicated slide (in slide show mode)
Fiji –
govt’s
‘HFSS
food’ ad
ban
proposal
2
National Pledge
Programme map
National/regional pledge
Pledge discussion ongoing
Russia - Pledge on
Limitation of Advertising to
Children, 2010, 7 members
Canadian Children’s
Food and Beverage
Advertising Initiative,
2007, 18 members
Norway, agreement
with govt, 2013, all
industry and retail
EU
Belgian Pledge,
Pledge,
2007, 21
members
2012, 34 members
Poland - Code Governing
Food Advertisement
Addressed to Children, 2010,
applies to all
Swiss Pledge,
Romania - Ethical code for
2011, 11 members
food product advertising
targeting children, 2009 ,
50 members
Portugal - Food
Industry
Commitment on
Advertising to
Children, 2010,
26 members
US – Children’s
Food and Beverage
Advertising Initiative
(CFBAI), 2006, 18
members
Turkish Pledge,
Hungarian Pledge,
India Pledge, 2011,
2011, 7 members
8 members
2012, 12 members
China – ongoing
discussions
Philippines
Pledge, 2011,
13 members
Colombia–
ongoing discussions
Mexican Pledge,
GCC Food and
2011, 14 members
Brazil – Public
Peruvian Pledge,
2011, 15 members
Commitment on
Food Advertising to
Children, 2009, 24
members
Beverage Pledge
on Responsible
Marketing and
Advertising to
children, 2010,
9 members
Thai
Pledge,
2008, 6
members
Malaysian
Pledge, 12
members, 2012,
Singapore –
South Africa – Pledge on
Marketing to Children, 2009,
24 members
Responsible Advertising to
Children initiative, 2012, 14
Members
Australia – Responsible
Children’s Marketing Initiative,
2009, 16 members
NZ - Food Industry
Group agreement
WHO
NCD Action Plan 2013-2020:
• Adopted at 66th WHA in May 2013
• Voluntary global NCDs targets do not include M2K
• But NCDs monitoring framework lists 25 monitoring
indicators, including:
“Policies to reduce the impact on children of marketing of foods
and non-alcoholic beverages high in saturated fats, trans-fatty
acids, free sugars, or salt”.
• Terms of reference & work plan for a NCD global
coordination mechanism adopted at 67th WHA (May 2014)
• 10-11 July 2014: High-level meeting to assess progress on
NCDs Strategy
Current regional developments:
 ASEAN leaders adopts “Bandar Seri Begawan Declaration on NCDs” in Brunei
endorsing WHO Action Plan (Oct 2013)
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 PAHO adopts NCDs Action Plan in Washington (Sept 2014)
 WHO EURO published its nutrient profiling model for M2K in February 2015
4
WHO
WHO released a Global Coordination Mechanism Policy Brief in
December 2014 which lends some support to self-regulation
within a statutory framework but insists that SR initiatives
should be monitored by independent auditors and that pledges
on food M2K should be strengthened.
On 19 January 2015, WHO published a report entitled “Global
status report on NCDs 2014”, providing the baseline for
monitoring implementation of the “Global action plan for NCDs
2013-2020” in which it reiterates calls on member-states to
implement restrictions on marketing of foods and beverages
that are high in sugar, salt and fat to children.
WFA/IFBA submitted comments to the report on the GCM
working group discussion paper in February 2015.
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5
WHO
At the 67th WHA, Dr Chan anounced the establishment of a high level
Commisison on Ending Childhood Obesity (CECO). It is a commission
tasked with producing a consensus report on interventions to be mest
effective to address childhood obesity around the world. It consists of two
working groups, one on developing policies and recomendation and the other
one on implementation and monitoring.
WFA/IFBA were invited to speak at a private stakeholder meeting with the
WG that is developing the recomendations in October 2014. Regional
stakeholder meetings are being held at the moment across the world. Most
recently a meeting was held in Manila, Philipines, were Food Industray of
Asia, with the support of WFA , partook. The next meetign will be held in
Amman in mid-May (10-11 May).
Meanwhile, WFA/IFBA have separetly submitted comments to the
Commission’s interim report, deadline June 2015.
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6
EU28
1. Unfair Commercial Practices Directive (2005)
•
•
No exploitation of children’s credulity, inexperience
or imagination
No encouragement of pester power
2. AudioVisual Media Services Directive (2007)
•
•
•
•
•
•
•
No interruption of children’s programmes <30 min
No exploitation of children’s trust in parents
No direct exhortations to minors
No encouragement of pester power
No product placement in children’s programmes
No minors shown in dangerous situation
Restrictions of HFSS food advertising to children
Pressure points:
 EU Nutrition Strategy & EU Platform:
− Reformulation and food M2K expected to remain key focus areas
− EU Childhood Obesity Action Plan calls on MS to develop EU-wide nutrition
criteria (adopted by Health Ministers 20 June 2014) + recommendations on M2K
 Ongoing EU Parliament scrutiny
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 AudioVisual Media Services Directive to be reviewed
(in slide show mode)
7
EU28
Council Conclusions on Nutrition and Physical
Activity (20 June 2014):
•
EU Health Ministers endorsed a “EU Childhood Obesity
Action Plan 2014-2020” calling for further action to:
o “reduce the exposure of children to advertising,
marketing and promotion of foods high in
saturated fats, trans fatty acids, added sugars or
salt”; and to:
o “counteract misleading, excessive or inadequate
forms of advertising and marketing”.
•
•
•
The European Commission and WHO Europe will
monitor the implementation of the Action Plan, based
on a set of indicators developed by WHO Europe
WHO Europe developing nutrition criteria that will
underpin food M2K restrictions
Next steps:
o 2017: Mid-term review
o 2020: Final assessment of the Action Plan
presented to the Council
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8
Belgium
Current Regulation
•
Dutch community: No advertising in children’s programmes as well
as 5 minutes before and after the programmes + Toothbrush logo
displayed on confectionery adverts
•
French-speaking community: No advertising in children’s
programmes <30 min. Health message displayed on confectionery
adverts
Self-regulatory initiative
Belgian Pledge, 2012
35 members
Coca-Cola, Danone, Ferrero, Friesland Campina, General Mills,
Kellogg’s, Mondelez, Intersnack, Lorenz Snack-World, Mars,
McDonald’s, Nestlé, PepsiCo, Unilever, FrieslandCampina,
Alpro, Aramark, Bongrain (Passendale), Boost, BPB, Guylian,
Campbells, Carrefour Belgium, Colruyt, Compass, Delhaize,
Douwe Egberts, IKEA, Intermarché, Leonidas, Lidl, Makro,
Neuhaus, Orangina Schweppes Belgium, Sodexo, Spadel,
Vandemoortele
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9
Bulgaria
Current Regulation
•
Pending
Self-regulatory initiative
The local food industry association is investigatign the possibility to set up a
local Pledge. WFA is providing assistance in this respect and has involved its
local assocation.
Pressure points:
 With the publication of the WHO Europe NP, there is increasing pressure on the
industry.
Croatia
Current Regulation
•
Advertising law is currently under review.
Self-regulatory initiative
There is a broad support to set up a Croatian Pledge, including from the
Croatian Medical Association.
Pressure points:
 The MoH has launched new project under the banner “living healthy initiative”,
which encourages consumption on healthy foods based on the Norwegian Keyhole
model.
 The adoption and publication of the WHO Europe NP has brought further pressure
on industry.
Colombia
Current Regulation
•
The government is looking at potentially developing policies by end of
2015.
Self-regulatory initiative
WFA working with local IFBA companies, the food and beverage association
(ANDI), the advertisers’ association (ANDA) and the self-regulatory authority
(CONARP) in setting up and codifying a Colombian Pledge.
Pressure points:
 The MoH is holding meetings with the private sector in order to address the issue
of NCDs, M2K is one of the main issues. Potential draft proposal on M2K expected
end of 2015.
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12
Czech Republic
Current Regulation
•
Recently the Eduacational Law was been amended to incorporate
restrictions on advertising and sale of foods in schools. The MoH has
been tasked to define the restricted foods in a separate Decree.
Self-regulatory initiative
There is no consenus among industry
Pressure points:
 The MoH is discussing the development of a nutrient profile, and there are fears
that it will use the WHO Europe NP as a basis
 MoH is simultaneously trying to implement the WHO Europe NCD Action Plan
Denmark
Current Regulation
•
No children <14 in adverts if not a natural element of the depicted
environment, or necessary in to explain/demonstrate the use of the
product
•
No recommendations or testimonials of children under 14 endorsing the
product
•
On TV2, children’s advertising allowed from 6am–12pm (weekend) and
weekdays 6.30am–7am (weekdays)
•
No children’s programme characters in adverts
Self-regulatory initiative
Industry-wide Code on responsible food marketing communications
to children (2008) sets specific category-based nutritional criteria to
determine which products can and cannot be advertised to children <13.
A report released on the achievements of this initiative was welcome by
stakeholders, even WHO Europe.
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14
Estonia
Current Regulation
•
No specific provisions in addition to EU legislation and EU-wide
self-regulatory initiatives
•
MoH has indicated that the regulation on nutrition is being updated
and will regulate the sale of foods. However, it is not clear
whether it will also cover marketing.
Pressure points:
 Estonian First Lady, WHO Europe NCD spokesperson, vowed to strengthen
regulation of food marketing to children
 Estonia is developing an NCD Action Plan together with WHO Europe
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15
France
Current Regulation
•
Adverts for drinks with added sugars, salt or synthetic sweeteners, and processed
food products must include health message
•
Advertising ban on state-owned channels after 8pm
•
No adverts with cartoon characters placed first or last during a children’s
programme break
Self-regulatory initiative
“Charter for the Promotion of Health Diets and Physical Activity during
TV Programmes and Advertising” signed by industry members pledging to
finance short educational programmes about healthy lifestyles
Pressure points:
 Health Ministry commissioned report recommends 7am-10pm ‘HFSS’ food ad
watershed ban in light of 2015 revision of National Nutrition and Health plan;
Health Minister presented the main planks of new Health Plan on 19 June
confirming introduction of colour-coded logo but did not mention advertising or
marketing. The draft bill will be examined by the Parliament early 2015.
 Two draft bills (by opposition MP) propose ad ban during children’s programmes
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(U=12) & traffic light warnings in food advertising
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16
Germany
Current Regulation
• No commercial breaks in children’s programmes
• No advertising on Kinderkanal and kika.de channels
Pressure points:
 NGO Foodwatch says EU Pledge is ineffective and calls for M2K restrictions
 Opposition (Greens) in favour of M2K restrictions
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17
Greece
Current Regulation
•
Pending
Self-regulatory initiative
Industry, through the food association and WFA’s local association, has been
active and is looking into the possibility of establishing a Greek Pledge. The
industry has met with the MoH.
Pressure points:
 The MoH is analyzing the WHO Europe NP through a committee, which includes
the involvement of local companies.
Hungary
Current Regulation
•
No specific provisions in addition to EU legislation and EU-wide
self-regulatory initiatives
Self-regulatory initiative
Hungarian Pledge, 2012
12 members:
Bonbonetti, Burger King, Coca-Cola, Danone, Ferrero, Friesland Campina, Intersnack, Mars, McDonald’s,
Mondelez, Nestlé, Unilever
Pressure points:
A draft proposal submitted by representatives of the majority Fidesz party (the
Hungarian Civic Alliance) seeks to introduce a tax on advertising. The Minister of
State for the Prime Minister's Office said the tax was intended to protect children
from being overly exposed to advertising.
The Hungarian competition authority has called for restriction on M2K
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19
Ireland
Current Regulation
•
Advertising to <18 for fast food products, outlets and/or brands must
feature an acoustic or visual message stating ‘should be eaten in
moderation and as part of a balanced diet’
•
Advertising to <18 for confectionery must feature an acoustic or visual
message stating ‘snacking on sugary foods and drinks can damage teeth’
•
BAI’s reviewed Children’s Advertising Code entered into force on 2
September 2013. Food advertising to <18 regulated on the basis of the UK
Food Standards’ Agency’s nutrient profiling system
o + no more than 1 in 4 adverts not meeting these criteria placed during
advertising breaks
o + additional tiered rules on food advertising to children aged <6, <13,
<15 and <18 incl. restrictions on programme and license characters,
celebrities, sports stars, etc. to advertise such food products
Pressure points:
The Advertising Standards Authority for Ireland (ASAI) are reviewing their current code
with a view to introducing a new code early 2015. They have circulated a draft code
for “Food and Non-Alcohol Beverages Marketing Communications” They have suggested the
introduction of the UK Nutrient Profiling Model for HFSS foods, for all media, not onlyReturn to global map
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broadcasting media.
20
Italy
Current Regulation
•
No commercial breaks in children’s programmes
•
No adverts with cartoon characters before, after & during children’s
programme in which they are featured
•
Between 4 and 7pm, adverts must carry a message to be clearly
distinguished from other content
Pressure points:
Draft bill in Parliament introduced by majority deputies (Partito Democratico):
− Ban advertising during programmes for children ˂10
− Ban ˂14’s from featuring in ads
− Introduce 2-minute ad cap for every 30 min of programming aimed at 10 to 14 y.o.
Local Advertisers Association (UPA) set up local Responsible Advertising and Children
(RAC) coalition to address this bill
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21
Latvia
Current Regulation
•
MoH is reviewing its nutrition regulation in order to restrict the
sale of foods in schools.
•
MoH has published a draft law banning the sale and marketing of
energy drinks to children below 18 years
Pressure points:
Draft “Public Health Guidelines 2014-2020” released by Ministry of Health include
VAT incentives for non-HFSS foods, excise taxes on HFSS foods, advertising and
marketing restrictions in schools and sports facilities and a ban on energy drink
advertising. Public consultation closed on 6 July 2014.
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22
Malta
No regulation
Pressure points:
In December 2014, Malta launched a Food and Nutrition Action Plan 2015-2020,
which encloses 15 priority areas to improve the health of the population, including:
“to evaluate, reduce and monitor the impact of negative marketing pressure on
children”. The Action Plan insists on the need to develop a regulatory system to
reduce marketing pressure on consumers and children in particular. It is supported
by WHO Europe.
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23
The Netherlands
Current Regulation
•
Toothbrush logo to feature on press and TV adverts for confectionery
aimed at children under 14
•
No food product adverts associated with a certain television
programme specifically intended for children broadcast during and
directly after that programme.
Self-regulatory initiative
Dutch self-regulatory body - Stichting Reclame Code (SRC) forbids TV
programmes characters popular with children to star in adverts.
On 1 January 2015, a new advertising code restricting food and beverage
advertising to children. The code, adopted by the Dutch Federation of the
Food and Groceries Industries (FNLI), applies to the entire industry. It bans
the advertising of food products that do not meet common nutrition criteria
very similar to the EU Pledge common nutrition criteria. The restrictions
apply when children represent at least 25% of the total audience in
measured media. In non-measured media, where data audience is not
available, the creative execution of the marketing communication will be
examined. The advertising restrictions of all products to children below 7
remains applicable.
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24
Poland
Current Regulation
•
On 9 January 2015, an amendment to the Law on Food Safety and
Nutrition banning the advertising and the sale of “unhealthy foods”
in school premises in Poland was published in the Official Journal.
The law enters into force 1 September 2015. MoH to determine the
restricted food separately.
•
Despite recently adopted self-regulation, Ministry of Culture put
forward amendments to the broadcastin law with a view to ban
advertisement of ”unhealthy” food around children programmes.
Self-regulatory initiative
Code Governing Food Advertisements Addressed to
Children, 2010, industry-wide, equivalent to EU Pledge
Since 1 January 2015, under a voluntary agreement signed with
the National Broadcasting Council (NBC), the 7 major Polish
broadcasters restrict the advertising of products that do not meet
nutrition criteria during programmes primarily targeting children.
The criteria are based on the EU Pledge nutrition criteria.
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25
Romania
Current Regulation
•
There is a proposal to ban advertising and sale of carbonated drinks to
children below 16 years
Self-regulatory initiative
Industry, led by the local food association with the support of WFA, is
looking into reinforcing the current Romanian Pledge. Meetings with pubic
officals and other stakeholders are scheduled.
Portugal
Current Regulation
•
No children <18 used as main characters of an advert when there is
no direct relationship between them and the product/ service
Self-regulatory initiative
Portuguese Pledge, 2009
26 members:
Central Cervejas e Bebidas, Cerealis, Coca-Cola, Danone, Ferraz &
Ferreira, Ferrero, Gelpeixe, Hipermercados Continente, Iglo,
Kellogg's, Mars, Mineraqua, Mondelez, Nestlé, Nobre Alimentação,
Orangina Schweppes , Panpor /NeoPanpor, Parmalat, Pato Real,
PepsiCo, Pescanova, Queijo Saloio, Sovena, Sumol + Compal,
Unicer, Unilever Jerónimo Martins
Pressure points:
 Two proposals are currently pending in the Portuguese Parliament aiming to
restrict HFSS food advertising to children
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27
Romania
Current Regulation
•
No specific provisions in addition to EU legislation and EU-wide
self-regulatory initiatives
Self-regulatory initiative
Ethical Code for Food Product
Advertising Targeting Children, 2009
50 members:
11 EU Pledge companies + all local RAC F&B member
companies
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28
Slovenia
Current Regulation
•
No specific provisions in addition to EU legislation and EU-wide
self-regulatory initiatives
•
As part of the Romania’s obligation to implement the EU AVMS
Directive – which encourages media service providers to develop
self-regulatory codes with regard to HFSS food marketing to
children – the government is looking at the adoption of the WHO
Europe NP model
Pressure points:
 Government considering adopting WHO Europe NP for the purpose of
implementing the EU AVMS Directive
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29
Spain
Current Regulation
• No children in adverts targeting adults
• No children’s testimonials, no characters popular with children
• No adverts on state-owned public channels since 2010
• Authorities must promote co-regulatory agreements with the industry &
media service providers to establish codes of conduct on food and
beverage advertising to children <15
Self-regulatory initiatives
• Co-regulatory PAOS Code: no advertising to ˂15 online and ˂12 on other media
platforms (“ads directed at children” determined on basis of product, placement
& advertising content)
• No TV-promotions for F&B products during programmes directed at children ˂12
• Agreement Ministry of Health – Alimentum Foundation (24 companies) to
incorporate healthy messages on TV sports throughout 2013 & 2014
Pressure points:
 PAOS Code under constant pressure from the government – most recently with
regard to online advertising
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30
Sweden
Current Regulation
•
No terrestrial TV and radio advertising to children <12 (TV4)
•
No individuals or characters playing a prominent role in children’s
programmes to feature in adverts
•
No adverts immediately before or after a programme (or part of a
programme) primarily addressed to children <12
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31
UK
Current Regulation
•
Ofcom rules on television advertising of food and drink products to children
(<16) :
o HFSS (defined by FSA Nutrient Profiling scheme) food & drink adverts
ban in and around programmes of particular appeal to children under 16
o No celebrities, licensed characters, promotional offers in adverts aimed
at primary school children or younger
Self-regulatory initiatives
•
Advertising Association’s Pledge not to employ children aged under 16 to act
as brand ambassadors or in peer-to-peer marketing campaigns.
•
CAP has reviewed current F&B regulation, with specific focus on advertising
to children and on digital marketing and the rules seem sufficient. However,
CAP will explore children’s critical understanding of commercial intent and
recognition of marketing and will produce guidance for advertisers by Q3
2015.
Pressure points:
 Food & Drink Federation examining additional SR restrictions on food M2K
following PM pressure
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 Labour and Greens looking to restrict M2K if in power
 NGO pressure ongoing
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Norway
Current Regulation
•
No adverts in connection with children’s programmes or 10 minutes before
or after a children’s programme
•
No individuals or characters popular with children to feature in children’s
products’ adverts
•
Health Ministry temporally dropped proposal to ban “HFSS” food (based on
stringent nutritional criteria) advertising to children ˂16 and gave industry
two years to prove that SR works
Self-regulatory initiative
Since 1 January 2014: F&B industry commits not to advertise products that
do not meet nutrition criteria pre-determined by the Ministry of Health to
children ˂13. Covers all marketing except packaging, ordinary display in
stores & sponsorship where only corporate or brand logo is used
Pressure points:
 Government however notified draft regulation to EC for assessment with Single
market rules (industry must prove by 1 Jan 2015 that SR works)
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Argentina
Current Regulation
•
Pending input
Pressure points:
 A draft proposal introduced in Congress mid-May and supported by several
deputies from the majority (FpV) would seek to ban all advertising to children.
The proposal is a copy of the controversial resolution adopted by Brazilian
advisory body CONANDA in March 2014 but would apply to children up to 18
years old. It has not yet been discussed in Congress.
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34
Australia
Self-regulatory initiative
Australian Association of National Advertisers Code on Food & Beverages:
• No pester power
• No premiums in ads unless integral element of product
• Not impose group and social pressure on owning the product
• Not undermine the role and education of carers
• Not misleading
Responsible Children’s Marketing Initiative, 2009
16 members:
Cadbury, Campbell, Coca-Cola, CPW, Ferrero, Fonterra, Kellogg, Mars, Mondelez, Nestlé, Patties Foods,
PepsiCo, Sanitarium Health Food Company, Simplot, Unilever, Weston
Quick Service Restaurants Initiative (QSRI), 2009
7 members:
Chicken Treat, Hungry Jack's, KFC, McDonald's Australia, Oporto, Pizza Hut, Red Rooster
Pressure points:
 Greens and NGOs strongly advocate ban on ‘HFSS’ food advertising to children
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Brazil
Current Regulation
•
CONANDA - an official body composed of members of the federal government
and civil society organizations – adopted recommendations banning all
advertising to children under 12 but the legal status of the recommendation is
controversial
Self-regulatory initiative
Public Commitment on Food Advertising to Children, 2009, equivalent
to IFBA commitment – WFA is working with local associations to revamp the
Pledge in light of the updated IFBA commitments
24 members:
AmBev, Batavo, Bimbo, Bob’s, Burger King, Cadbury, Coca-Cola, Danone, Elege, Ferrero, Garoto, General Mills,
Grupo Bimbo, Grupo Schinacariol, Kellogg, Mars, McDonald’s, Mondelez, Nestlé, Parmalat, PepsiCo, Perdigao, Sadia,
Unilever
Pressure points:
 Question of whether CONANDA recommendations have legal binding effect to be
clarified
 Bill to restrict HFSS food advertising to children pending in Parliament – in June
2015 the Chamber of Deputies held hearings with stakeholders
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36
Canada
Current Regulation
•
1980 Quebec Consumer Protection Act prohibits all commercial targeting
children under 13 years old in Quebec
Self-regulatory initiative
Canadian CAI, 2007
19 members:
Burger King, Cadbury Adams, Campbell, Coca-Cola, Ferrero, General Mills, Hershey,
Janes Family Foods, Kellogg, Mars, McCain Foods, McDonald's, Mondelez, Nestlé,
Parmalat, PepsiCo, Post Foods, Unilever, Weston Bakeries
The Canadian Children’s Food and Beverage Advertising
Initiative (CAI) announced the adoption of common
nutrition criteria for advertising products to children under
the age of 12 in October 2015.
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Pressure points:
 Ontario Province looking to introduce Quebec-style restrictions on M2K
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Chile
Current Regulation
• Implementing regulation for Labelling law has been adopted, with a set
of stringent nutrition criteria
•
•
•
•
•
No
No
No
No
‘HFSS’ food advertising to children ˂14
‘HFSS’ food sale and promotion in educational institutions
free sampling to children ˂14
promotion involving toys, accessories, stickers, incentives or similar (now including the use of brand characters)
Very restrictive amendments to the Food advertising law is being discussed,
introducing watershed bans on television of HFSS food and de facto bans on
sponsorship of such products during sport and cultural events
Pressure points:
 PAHO is putting further pressure on the government
 Amendments proposed for the food advertising law, restricting M2K
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38
China
Current Regulation
New Chinese ad law was adopted.
WFA has worked closely with the China Association of National
Advertisers (CANA). For an analysis of the new law click here.
In short ads shall not induce or incite minors to purchase
commodities/services or;
–
Increases restrictions on deceptive and internet advertising
–
Bans advertising in schools/kindergartens
–
Restrictions on the use of social media for marketing purposes
–
complete ban on endorsements from children under 10 years of age
The current law is supportive of self-regulation and industry developed
standards.
Pressure points:
 Interpretation and implementation of the newly adopted ad law, from experience
remains as the main challenge. CANA is holding trainings on this with Return to global map
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stakeholders and government.
39
Ecuador
Current Regulation
•
Bans advertising of products that harms people’s health when regularly used
•
Establishes prior authorization requirements regarding food advertising and
advertising in children’s channels (censorship)
•
•
Traffic-light labelling for HFSS (entry into force May 2014)
No children and adolescents to appear on front of pack (FOP) of all
processed foods (entry into force May 2014)
No celebrities, real or fictional characters and animals on FOP of ‘HFSS’
products (with high or medium concentration of total fat, sugar, and/or salt)
(entry into force May 2014)
•
Pressure points:
 Awaiting implementing act to determine which products are covered by the
Communication law is pending – Ecuadorian President claimed all HFSS food
could be covered (Sep 2013).
 Parliament proposes fiscal revision for “HFSS” foods advertising
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40
Fiji
Current Regulation
•
Pending input
Pressure points:
 Autumn 2013, Health Ministry announces food ad watershed restrictions (14 &
under), based on nutrition criteria (to be defined). The draft includes a wide
definition of advertising which covers trademarks and packaging design, as well
as a wide definition of ‘likely to appeal to children’.
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41
Gulf Cooperation
Council
Current Regulation
•
Pending input
Self-regulatory initiative
GCC Food and Beverage Pledge on Responsible Marketing and
Advertising to children, 2010
9 members:
Coca-Cola, General Mills, Kellogg, Mars, Mondelez, Nesté, Pepsi-Cola, Unikai, Unilever
Pressure points:
 Upcoming UAE NCD Action Plan will address M2K
 MoH is setting up a multi-stakeholder committee to work on developing M2K
policies. WFA is assisting the MoH shaping the agenda for an
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upcoming workshop in Q3/Q4 2015 for the committee.
42
India
Current Regulation
•
The New Delhi High Court has prohibited the marketing of HFSS
products within 50m of the radius of schools.
Self-regulatory initiative
India Pledge, 2011
8 members:
Coca-Cola, Kellogg, PepsiCo, Hindustan Unilever, General Mills, Nestle, Mars International, Mondelez
In April 2015, local Pledge members together with Ferrero and McDonald’s decided to set up a secretariat to
revamp the Indian Pledge, with the support of WFA. The revamped Pledge will be underpinned by a set of
common nutrition criteria and a credible monitoring system. In addition, there is also the goal to codify the
Indian Pledge through the local SRO (the Advertising Standards Council of India).
Pressure points:
 FSSAI (Food Standards and Safety Authority of India) trying to restrict F&B M2K in
and around schools and potentially everywhere; WFA working with local industry
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on the SR code
(in slide show mode)
 NGO pressure on HFSS food marketing
43
Indonesia
Current Regulation
•
Pending input
Pressure points:
 Ongoing debate on F&B M2K
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44
Malaysia
Current Regulation
•
No fast food adverts in children’s programmes (under 9 years old –
according to Nielsen ratings)
Self-regulatory initiative
Adverts should not encourage unhealthy
eating habits under Malaysian Code of
Advertising Practice
Malaysian Pledge, 2012
Ace Canning, Coca-Cola, F&N Beverages, F&N Dairies, Guan Chong Cocoa Manufacturer,
Kellogg Mars Malaysia, McDonald’s, Mondelēz International, Nestlé, PepsiCo and Unilever
Pressure points:
 Ministry of Health’s draft regulations on food advertising suggest banning adverts
directed to children up to 12 or 18 (undefined) promoting food items “that are
detrimental to children’s health”, as well as food adverts directed to children
featuring games or toys. MoH has stalled all discussion at the moment.
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45
Mexico
Current Regulation
• Since 15 July, restrictions on advertising of pre-packed F&B that do not meet
nutrition criteria developed by COFEPRIS & inspired by EU Pledge criteria
• Products not meeting nutritional criteria will not be advertised during specific
day parts if audience is composed of ≥35% of children aged 4 to 12 years old
• Application of nutritional criteria during following day times: Weekdays
2:30PM and 7:30PM; weekend 7:00AM - 7:30PM
Self-regulatory initiative
Mexico Pledge, 2011
14 members:
Bucel, Bimbo, Ferrero, General Mills, Camesa, Kellogg’s, McDonald’s, Mars, Mondelez, PepsiCo, CocaCola, Unilever
Pressure points:
 PAHO and NGOs putting pressure on further regulation of M2K marketing and the
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establishment of common nutrition criteria
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46
New Zealand
Self-regulatory initiative
Advertising Standards Authority Code for Advertising Food to Children
(2010):
• Ads should not encourage the role of parents
• Ads should not encourage pester power
Free-to-Air Television broadcasters Code:
• No advertising, sponsorship or prize packs allowed during pre-school television
programming
• Limited advertising in school-age children’s (aged 5-13) programme times &
ads must be independently approved under a Children’s Food classification
against nutrient profiling standards.
Food Industry Group agreement
8 members:
McDonalds, Burger King, KFC, Pizza Hut, Dominos, Subway + two local brands
Pressure point:
 Opposition (Labour) is in favour of M2K restrictions & is currently leading polls for
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the September 2014 general elections
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47
Peru
Current Regulation
• Health warnings on ‘HFSS’ food packaging (“High in sodium/sugar/saturated
fat]: Avoid excessive consumption/Contains trans fats: Avoid consumption)
• Ban on giveaways and use of characters/persons popular with children (U
16)
• The government has adopted the PAHO nutrition criteria
Self-regulatory initiative
The Peruvian Advertising Commitment, 2011
15 members:
Alicorp, Arcor del Perú, Coca-Cola, Kellogg, Laive, Master Foods, Molitalia, Mondelez, Nestlé Perú, Panadería San
Jorge, Panificadora Bimbo del Perú, PepsiCo , Sociedad Suizo Peruana de Embutidos, Unilever, Unión de Cervecerías
Peruanas Backus y Johnston
Pressure points:
 Continuous pressure from PAHO
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48
Philippines
Current Regulation
•
Pending input
Self-regulatory initiative
Philippines Pledge, 2011
13 members:
Nestle, Coca-Cola, Mars, Mondelez, PepsiCo, Unilever, Kellogg, Oishi, Liwayway Marketing Corporation,
Magnolia, Inc., San Miguel Foods, Inc., San Miguel Purefoods Corporation, The Purefoods-Hormel Company
Pressure points:
 Ongoing debate on food advertising regulation – WFA leading enhancement of
Philippines Food Marketing Pledge through direct engagement with Philippines
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Health Ministry
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49
Russia
Current Regulation
•
No advertising on school materials
•
Length of advertising breaks during children’s and educational
programmes proportionate to the length of the programme
(e.g.:15-minute programme: advertising break limited to 1min
before and 1min after)
Self-regulatory initiative
Russia Pledge, 2010
9 members:
Coca-Cola, Mars, Mondelez, Nestlé, PepsiCo,
Ferrero, Kellogg’s/United Bakers, Unilever, WimmBill-Dann
Pressure points:
 Government said it envisaged ‘HFSS’ food marketing restrictions
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50
Singapore
Current Regulation
•
Pending input
Self-regulatory initiative
Responsible Advertising to Children initiative
2012
14 members:
Coca-Cola, Ferrero, General Mills, Kellogg’s, Kerry, Mars, McCain, McDonald’s,
Mondelez, Nestlé, Pepsico, FrieslandCampina, Suntory, Unilever
Singapore Pledge was codified- Ministry of Health to monitor
compliance with the Pledge over 12 months and to introduce
legislation in 2015 only if it deems self-regulation to fail
Pressure points:
 There are concerns with the interpretation of the Code by the Advertising
Standards Authority of Singapore (ASAS). WFA has been in contact with ASAS and
new procedures are to be developed as a response.
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51
South Africa
Current Regulation
•
Pending input
Self-regulatory initiative
Pledge on Marketing to Children, 2009
24 members:
Cadbury, Coca-Cola, Danone, Entyce/ Snackworks (AVI), Epic, Ferrero, Foodcorp, General Mills, Kellogg, Mars,
Mondelez, Nestlé, Oceana brands, Parmalat, PepsiCo/Simba, Pioneer Foods, Rainbow Chicken, Tigerbrands,
Unilever, Famous Brands (Wimpy, Steers), KFC, McDonalds, Nando’s, Shoprite
On 31 March 2015, the Consumer Goods Council of South Africa, submitted a revised code on marketing to
children to the Advertising Standards Authiortiy of South Africa, in light of the revised IFBA commitments.
Pressure points:
 Department of Health’s proposal (May 2014) to ban the advertising of “unhealthy”
products (defined by Health Ministry) targeting children and to introduce a
watershed ban (6am-9pm) on TV and radio for “unhealthy” food advertising.
Local industry with the support of IFBA and WFA are in dialogue with
the MoH, trying to address the deflect proposal through self-regulaion.
 DoH is also looking into adopting the WHO Europe NP model
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52
South Korea
Current Regulation
•
“Energy dense and nutrition poor food” (ENDP) adverts banned
between 5-7pm and during and after children’s (aged 4 to 18)
programmes
•
EDNP foods subject to the regulation included food products that
did not satisfy the nutritional standards of Korean Food & Drug
Administration.
Pressure points:
 Bill pending in the National Assembly extending the TV advertising ban of ENDP
foods to 5-9pm
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53
Switzerland
Current Regulation
•
No advertising break during children’s programmes
•
No advertising in and around schools
Self-regulatory initiative
Swiss Pledge, 2010
12 members:
Coca-Cola, COOP, Danone, Kellogg, Mondelez, Intersnack, Mars,
McDonald’s, Nestlé, PepsiCo, Unilever and Zweifel Pomy-Chips.
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54
Taiwan
Current Regulation
•
Pending input
Self-regulatory initiative
Code of Conduct is being developed within a multi-stakeholder framework led by the
FDA based on the EU Pledge + discussions on launching an interim Taiwan Pledge
based on company specific nutrient criteria, although there is little chance for
success
Pressure points:
 FDA proposes amendments to Food Act to ban ‘HFSS’ (strict criteria) ads on
children’s channels and to ban toy giveaways with such foods. Industry has been
late in its engagement with the government and regulation is expected.
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55
Thailand
Current Regulation
•
Pending input
Self-regulatory initiative
Thai Pledge, 2008
6 members:
Coca Cola, Kellogg, Mars, Nestlé, PepsiCo, Unilever
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56
Turkey
Current Regulation
•
Amendments to the broadcasting law published it in the Official Journal in
April 2014 introduce a ban on advertising of food products “high in fat, fatty
acids, sugar and salt” (to be defined) in and around children’s programming.
The law also imposes healthy eating and lifestyle messages in adverts for
such products during other programmes.
Self-regulatory initiative
Turkish Pledge, 2011
7 members:
Coca Cola, Ferrero, Unilever, Mars, Mondelez, PepsiCo and Nestlé
Pressure points:
 The Turkish Ministry of Health has been tasked to determine which foods fall
under the definition of foods “high in fat, fatty acids, sugar and salt”. DoH held
workshop with industyr end of January, where WHO Europe presented its NP.
 Due to absence of an industry wide proposal it is likely that the MoH will adopt
the WHO Europe NP.
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57
Uruguay
Current Regulation
•
In December 2014, the Uruguayan Senate approved a controversial
law that includes a ban on the participation of children in the
advertising of products that may harm health or that may affect their
dignity or their "psychological or social integrity".
Pressure points:
 Government looking at the possibility to introduce a ban on HFSS food advertising
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58
US
Current Regulation
•
Communications, Consumer Choice and Broadband Deployment Act (2006) limits
advertising on children's TV channels to 12 min/hour on weekdays & 10.5 min/hour on
weekends
•
Under FCC rules (2007), during programmes aimed at ˂13, cable and broadcast
operators may not display addresses for websites that contain any links to commercial
content.
•
TV channels cannot run ads that use "host selling" for websites during ad breaks
adjacent to children's shows that feature the same characters.
Self-regulatory initiative
CARU Self-Regulatory Guidelines for Children's Advertising, 1975
Extensive guidelines applicable to advertising to children <12
CFBAI, 2006
18 members:
Burger King, Cadbury Adams, Campbell, Coca-Cola, ConAgra, Dannon, Ferrero, General Mills, Hershey, Kellogg, Mars,
McDonald's, Mondelez, Nestlé, PepsiCo, Post Foods, Sara Lee Corp, Unilever
Pressure points:
 First Lady “Let’s Move” campaign keeps up pressure on food M2K self-regulation
especially with regard to sponsoring in schools
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 NGOs put pressure on CFBAI, encouraging to close loopholes
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