ASA’s food and beverage code to protect children

The Advertising Standards Authority of South Africa’s Code of Advertising Practice has been amended to include provisions which place restrictions on the advertising of certain foods and beverages to children.

The ASA is a self-regulatory body established by and comprised of marketing and advertising industry bodies and media owners. Its Code of Advertising Practice sets out principles to which all advertisements must adhere, be they on television, radio, in print, outdoors, on the internet or in any other media format.

While the ASA Code has traditionally protected children from advertisements which contain harmful statements and visuals or which exploit their credulity, the new regulations are aimed specifically at preventing the marketing of unhealthy food choices to children under 12 years of age.

It has been widely reported that childhood obesity is on the rise. Experts warn that children’s diets are currently too high in refined sugars, saturated fats and salts. These foods, together with a lack of healthy foods such as fruit, vegetables and whole grains, can lead to illness and disease. Childhood obesity and the thorny issue of what role advertising aimed at children plays in exacerbating the situation, have, in recent years, received much public attention worldwide.  In response, many countries have implemented regulations which restrict both the kinds of foods and beverages that may be advertised to children, and the methods of advertising and promotion which may be used.

The issue is of as much concern in South Africa as it is in other countries, with surveys revealing that as many as 17% of South African children between the ages of one and nine living in urban areas are overweight. 

Until recently, however, there has been no specific restriction or limitation on the type of product or service which may be advertised to children in South Africa (with the exception of alcohol and tobacco) or the type of advertising which advertisers may employ in appealing to young consumers. Pressure has, however, been brought to bear by the public, international organisations and consumer bodies.

Government’s response (specifically, the Department of Health) has been to propose regulations to the Foodstuffs, Cosmetics and Disinfectants Act, which will prohibit certain foods from being advertised to children and restrict the advertising and promotion of others. These draft regulations, which were published for public comment in 2007 but which have not yet been finalised or promulgated, have caused much heated debate in view of their potentially far-reaching effects.

The draft regulations propose that certain foods, categorised as “non-essential to a healthy lifestyle”, be prohibited from being advertised or promoted to children in any manner. These include carbonated drinks, confectionery, potato crisps and fast foods of certain specifications. They also envisage that no cartoon-type characters, puppets, animation, tokens or gifts may be used in the advertisement or promotion of any foodstuff to any child younger than 16 years of age.  Identified foodstuffs will also have to carry labels that warn the consumer to use the produce in moderation and that excessive consumption on a regular basis may lead to poor health.  A total prohibition on the words “health” and “healthy”, “wholesome” and “nutritious” being used anywhere on such a product has been proposed.

In response to the increased public debate, however, many food and beverage companies have already taken the initiative and introduced their own responsible marketing practices.  Kellogg’s, for example, introduced guidelines in June 2007, which stipulate what and how it markets to children.  It will not advertise at all to children under six years of age, and will only advertise products that meet certain nutrient criteria to children under 12. 

Similarly, ASA members decided that it would be appropriate for the industry to come up with its own rules in this regard, which led to the birth of new ASA regulations. In terms of these new regulations which, unlike the proposed regulations to the Foodstuffs, Cosmetics and Disinfectants Act, are already in force, food and beverage advertising which encourages poor nutritional habits or an unhealthy lifestyle in children and which condones or encourages excess consumption, for example through the featuring of excessive portion sizes, will not be condoned. 

The Code recognises that children are impressionable and susceptible to irresponsible and misleading food and beverage advertising. Food and beverage product advertising should therefore not appeal directly to children to persuade their parents or others to buy the advertised products for them, or suggest any negative consequences of not purchasing the products.  Products which are not considered “healthy dietary choices” may not be advertised on television with the use of celebrities or characters licensed by third parties (such as cartoon characters).  While Mickey Mouse and Spongebob Squarepants may have been banned from appearing in junk-food commercials on television, they may still appear on the packaging of such products. This reflects the fairly balanced approach of the ASA regulations, which also state that the advertiser’s own characters (for example, the “Oros Man” and “Snap, Crackle and Pop”) and a degree of fantasy, including animation, will be allowed in advertisements aimed at children.  Nutritional and health-benefit claims, as well as any disclaimers, must, however, be conveyed in a manner easily understood by children. 

The regulations also state that food and beverage products which do not represent healthy dietary choices and a healthy lifestyle may not use promotional activity in television advertisements targeted at children of 12 years and under.  They may also not be advertised on or in close proximity to pre-school and primary school premises. 

These new regulations to the ASA’s self-regulatory Code indicate a strong commitment in terms of responsible advertising to children on the part of the advertising industry and food and beverage marketers. With any luck, they will go a long way towards preventing our children from making unhealthy food and lifestyle choices.

Kelly Thompson
Partner
kelly@adamsadams.co.za