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Food and Beverage Marketing to Children The global regulatory agenda June 2015
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EU28 – Childhood Obesity Action Plan + ongoing scrutiny by EuroParl + expected revision of AVMSD Morocco – Upcoming NCD action plan Chile –implementation of ‘HFSS’ ad regulation– tougher nutrition criteria expected + New M2K food restriction amendments Brazil CONANDA recomends ban on all advertising to children – Food ad bills pending OFCOM rules extended to Ireland + all media UK – pressure to further tighten food ad reg Latvia – Government proposal to ban advertising of energy drinks Turkey – Pending restrictions on food ad to children + WHO Europe South Korea – debate on further ad reg Mexico – ‘HFSS’ food ad regulation in place + PAHO Slovenia – ongoing discussion on ad reg South Africa – Health Ministry proposal to ban food M2K Australia – food ad bills pending Singapore – New food ad code adopted Peru – HFSS NC based on PAHO US – First Lady keeps up pressure on SR+ NGO pressure Canada – main opposition party pledges to ban food M2K Taiwan – Government proposal to ban food M2K Uruguay – Proposals on M2K bill + new ban on child acting Argentina – Congress looking to introduce full ban on advertising to children Indonesia – debate on food ad reg Philippines – debate on ad reg Thailand - debate on ad reg Hungary - debate on food ad reg + advertising tax Poland – gov proposes food ad restrictions France – Gov-commissioned report recommends ‘HFSS’ food ad watershed ban Ecuador – Food ad bill passed + fiscal HFFS rebate rules Russia – pending food ad bill NL – Industry adopted a stricter Pledge (tougher than EU Pledge) China – adopted new ad law – support SR Fiji – govt’s ‘HFSS food’ ad ban proposal Italy – Ad bill pending Ontario –Health Ministers launches consultation to reduce ‘HFSS’ food ad Marketing to children Pressure map WHO - NCD Action Plan 2013-2020 + NCDs monitoring framework + GCM Policy Brief 2 Click on the label to go directly to the dedicated slide (in slide show mode) Estonia – First Lady vows to WHO Europe to strengthen food M2K regulation India– FSSAI pressure on F&B M2K Malaysia: Government proposal to regulate food M2k Norway – Government to evaluate food ad SR in 2015 UAE – Upcoming NCDs action plan + EMRO expected to support WHO EURO NP Malta– NCD action plan Colombia – Regulatory movement + potential pledge Kiribati – Govt’s draft proposal to restrict food M2K
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Belgian Pledge, 2012, 34 members Brazil – Public Commitment on Food Advertising to Children, 2009, 24 members EU Pledge, 2007, 21 members Russia - Pledge on Limitation of Advertising to Children, 2010, 7 members India Pledge, 2011, 8 members GCC Food and Beverage Pledge on Responsible Marketing and Advertising to children, 2010, 9 members South Africa – Pledge on Marketing to Children, 2009, 24 members Australia – Responsible Children’s Marketing Initiative, 2009, 16 members Mexican Pledge, 2011, 14 members US – Children’s Food and Beverage Advertising Initiative (CFBAI), 2006, 18 members Canadian Children’s Food and Beverage Advertising Initiative, 2007, 18 members Turkish Pledge, 2011, 7 members Romania - Ethical code for food product advertising targeting children, 2009, 50 members China – ongoing discussions Philippines Pledge, 2011, 13 members Portugal - Food Industry Commitment on Advertising to Children, 2010, 26 members Swiss Pledge, 2011, 11 members Thai Pledge, 2008, 6 members National/regional pledge Poland - Code Governing Food Advertisement Addressed to Children, 2010, applies to all NZ - Food Industry Group agreement Hungarian Pledge, 2012, 12 members Singapore – Responsible Advertising to Children initiative, 2012, 14 Members Peruvian Pledge, 2011, 15 members Malaysian Pledge, 12 members, 2012, National Pledge Programme map Pledge discussion ongoing Norway, agreement with govt, 2013, all industry and retail Colombia – ongoing discussions
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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 67 th 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) PAHO adopts NCDs Action Plan in Washington (Sept 2014) WHO EURO published its nutrient profiling model for M2K in February 2015 4 Return to global map (in slide show mode)
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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. 5 Return to global map (in slide show mode)
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WHO 6 Return to global map (in slide show mode) 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.CECO 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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EU28 1. Unfair Commercial Practices Directive (2005)Unfair Commercial Practices Directive No exploitation of children’s credulity, inexperience or imagination No encouragement of pester power 2. AudioVisual Media Services Directive (2007)AudioVisual Media Services Directive 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 AudioVisual Media Services Directive to be reviewed 7 Return to global map (in slide show mode)
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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 8 Return to global map (in slide show mode)
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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 Belgium 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 9 Return to global map (in slide show mode)
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Bulgaria Current Regulation Pending 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. Self-regulatory initiative
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Croatia Current Regulation Advertising law is currently under review. 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. Self-regulatory initiative
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12 Current Regulation The government is looking at potentially developing policies by end of 2015. Colombia 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. Self-regulatory initiative Return to global map (in slide show mode) 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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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. 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 Self-regulatory initiative
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14 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 Denmark 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. Self-regulatory initiative Return to global map (in slide show mode)
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15 Estonia Return to global map (in slide show mode) 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 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.
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16 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 France “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 Self-regulatory initiative 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 (U=12) & traffic light warnings in food advertising Return to global map (in slide show mode)
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17 Current Regulation No commercial breaks in children’s programmes No advertising on Kinderkanal and kika.de channels Germany 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)
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Greece Current Regulation Pending 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. Self-regulatory initiative
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19 Hungary Current Regulation No specific provisions in addition to EU legislation and EU-wide self-regulatory initiatives Self-regulatory initiative Return to global map (in slide show mode) 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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20 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 Ireland Return to global map (in slide show mode) 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 only broadcasting media.
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21 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 Italy 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)
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22 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 Latvia 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)
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23 No regulation Malta 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)
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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. 24 The Netherlands 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. Self-regulatory initiative Return to global map (in slide show mode)
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25 Poland 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. Self-regulatory initiative Return to global map (in slide show mode) 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.
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Romania Current Regulation There is a proposal to ban advertising and sale of carbonated drinks to children below 16 years 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. Self-regulatory initiative
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Current Regulation No children <18 used as main characters of an advert when there is no direct relationship between them and the product/ service 27 Portugal 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 Self-regulatory initiative 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)
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28 Romania Ethical Code for Food Product Advertising Targeting Children, 2009 50 members: 11 EU Pledge companies + all local RAC F&B member companies Self-regulatory initiative Return to global map (in slide show mode) Current Regulation No specific provisions in addition to EU legislation and EU-wide self-regulatory initiatives
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29 Slovenia 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) 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
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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 30 Spain 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 Self-regulatory initiatives 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)
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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 31 Sweden Return to global map (in slide show mode)
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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 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. 32 UK Pressure points: Food & Drink Federation examining additional SR restrictions on food M2K following PM pressure Labour and Greens looking to restrict M2K if in power NGO pressure ongoing Return to global map (in slide show mode) Self-regulatory initiatives
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33 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)
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34 Argentina 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) Current Regulation Pending input
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35 Australia 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 Self-regulatory initiative Pressure points: Greens and NGOs strongly advocate ban on ‘HFSS’ food advertising to children Return to global map (in slide show mode) Quick Service Restaurants Initiative (QSRI), 2009 7 members: Chicken Treat, Hungry Jack's, KFC, McDonald's Australia, Oporto, Pizza Hut, Red Rooster 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
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36 Brazil 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 Self-regulatory initiative 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) 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
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37 Canada 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.Canadian Children’s Food and Beverage Advertising Initiativecommon nutrition criteria Self-regulatory initiative Pressure points: Ontario Province looking to introduce Quebec-style restrictions on M2K Return to global map (in slide show mode) Current Regulation 1980 Quebec Consumer Protection Act prohibits all commercial targeting children under 13 years old in Quebec
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38 Chile Current Regulation Implementing regulation for Labelling law has been adopted, with a set of stringent nutrition criteria No ‘HFSS’ food advertising to children ˂ 14 No ‘HFSS’ food sale and promotion in educational institutions No free sampling to children ˂ 14 No 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 Return to global map (in slide show mode) Pressure points: PAHO is putting further pressure on the government Amendments proposed for the food advertising law, restricting M2K
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39 China 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 stakeholders and government. Return to global map (in slide show mode) 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.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.
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40 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)
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41 Fiji 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) Current Regulation Pending input
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42 Gulf Cooperation Council 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 Self-regulatory initiative 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 upcoming workshop in Q3/Q4 2015 for the committee. Return to global map (in slide show mode) Current Regulation Pending input
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43 India 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). Self-regulatory initiative 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 on the SR code NGO pressure on HFSS food marketing Return to global map (in slide show mode) Current Regulation The New Delhi High Court has prohibited the marketing of HFSS products within 50m of the radius of schools.
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44 Indonesia Pressure points: Ongoing debate on F&B M2K Return to global map (in slide show mode) Current Regulation Pending input
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45 Malaysia 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 Current Regulation No fast food adverts in children’s programmes (under 9 years old – according to Nielsen ratings) 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)
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46 Mexico Mexico Pledge, 2011 14 members: Bucel, Bimbo, Ferrero, General Mills, Camesa, Kellogg’s, McDonald’s, Mars, Mondelez, PepsiCo, Coca- Cola, Unilever Self-regulatory initiative Return to global map (in slide show mode) 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 Pressure points: PAHO and NGOs putting pressure on further regulation of M2K marketing and the establishment of common nutrition criteria
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47 New Zealand 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 Self-regulatory initiative Return to global map (in slide show mode) Pressure point: Opposition (Labour) is in favour of M2K restrictions & is currently leading polls for the September 2014 general elections
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48 Peru 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 Self-regulatory initiative Pressure points: Continuous pressure from PAHO Return to global map (in slide show mode) 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
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49 Philippines 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 Self-regulatory initiative Pressure points: Ongoing debate on food advertising regulation – WFA leading enhancement of Philippines Food Marketing Pledge through direct engagement with Philippines Health Ministry Return to global map (in slide show mode) Current Regulation Pending input
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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) 50 Russia Self-regulatory initiative Russia Pledge, 2010 9 members: Coca-Cola, Mars, Mondelez, Nestlé, PepsiCo, Ferrero, Kellogg’s/United Bakers, Unilever, Wimm- Bill-Dann Pressure points: Government said it envisaged ‘HFSS’ food marketing restrictions Return to global map (in slide show mode)
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51 Singapore 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 Self-regulatory initiative Return to global map (in slide show mode) 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 Current Regulation Pending input 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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52 South Africa 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. Self-regulatory initiative 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) Current Regulation Pending input
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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. 53 South Korea 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)
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Current Regulation No advertising break during children’s programmes No advertising in and around schools 54 Switzerland Swiss Pledge, 2010 12 members: Coca-Cola, COOP, Danone, Kellogg, Mondelez, Intersnack, Mars, McDonald’s, Nestlé, PepsiCo, Unilever and Zweifel Pomy-Chips. Self-regulatory initiative Return to global map (in slide show mode)
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55 Taiwan Return to global map (in slide show mode) 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. 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 Self-regulatory initiative Current Regulation Pending input
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56 Thailand Thai Pledge, 2008 6 members: Coca Cola, Kellogg, Mars, Nestlé, PepsiCo, Unilever Self-regulatory initiative Return to global map (in slide show mode) Current Regulation Pending input
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57 Turkey Turkish Pledge, 2011 7 members: Coca Cola, Ferrero, Unilever, Mars, Mondelez, PepsiCo and Nestlé Self-regulatory initiative 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) 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.
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58 Uruguay Return to global map (in slide show mode) Pressure points: Government looking at the possibility to introduce a ban on HFSS food advertising 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".
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59 US 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 Self-regulatory initiative Pressure points: First Lady “Let’s Move” campaign keeps up pressure on food M2K self-regulation especially with regard to sponsoring in schools NGOs put pressure on CFBAI, encouraging to close loopholes Return to global map (in slide show mode) 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.
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