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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) Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (U=12) & traffic light warnings in food advertising (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 (in slide show mode) 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) Labour and Greens looking to restrict M2K if in power NGO pressure ongoing 32 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) Return to global map (in slide show mode) 33 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. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 35 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) Pressure points: Ontario Province looking to introduce Quebec-style restrictions on M2K 37 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 Return to global map (in slide show mode) 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 (in slide show mode) 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 Return to global map (in slide show mode) 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’. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map establishment of common nutrition criteria (in slide show mode) 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 Return to global map the September 2014 general elections (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map Health Ministry (in slide show mode) 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 55 Thailand Current Regulation • Pending input Self-regulatory initiative Thai Pledge, 2008 6 members: Coca Cola, Kellogg, Mars, Nestlé, PepsiCo, Unilever Return to global map (in slide show mode) 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. Return to global map (in slide show mode) 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 Return to global map (in slide show mode) 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 Return to global map NGOs put pressure on CFBAI, encouraging to close loopholes 59 (in slide show mode)