Regulating the marketing of unhealthy foods to children

David Clarke has recently been working with a Pacific country on new legislation which would control the marketing of unhealthy food to children.

This legislation has been developed because it is recognised that children are a susceptible audience to marketing messages and because it is now widely accepted that they need protection from exposure to excess advertising, particularly regarding foods and drinks which are less healthy (sometimes termed junk foods), as this encourages their excess consumption. In Fiji, children’s diets are generally unhealthy, and this will contribute to growing problems of NCDs in the future, and is also a major factor in the ongoing problems of micronutrient deficiencies. 

Last year, the World Health Assembly Member States endorsed a resolution that includes recommendations for countries who wish to develop policies (and legislation – including codes) designed to reduce marketing pressure on children for unhealthy foods.

Proposed legislation

David has prepared a first draft of proposed legislation to control the marketing of unhealthy foods to children.   The legislation would:

  • Impose a comprehensive ban on  advertisements for unhealthy foods where those advertisements where aimed at children (including banning advertisements for unhealthy foods which depict children – for example soft drink advertisements depicting children consuming soft drinks).
  • Prohibit the giving of toys and gifts as an inducement to children to choose certain brands of unhealthy foods
  • Ban advertisements and sponsorship (using the names and trademarks of unhealthy foods) in settings where children gather, for example near schools and sports grounds.
  • Prohibit the use of names and trademarks on products marketed to children
  • Prohibit the running of advertisements for unhealthy foods in broadcast media (television and radio) at times when children will be watching or listening.

Definition of unhealthy food and drink

A nutrient profiling system will be used to classify food products as ‘unhealthy’ or ‘healthy’. While it is recognised that no food is inherently healthy or unhealthy, there are foods which should only be consumed in small amounts, infrequently within a healthy diet – and for the purposes these foods/drinks are termed ‘unhealthy’. 

Expected benefits

The reduced exposure of children to advertising and promotional messages will influence their short-term and long-term behaviour. If well-enforced, diets will be improved, in particular a reduction in intake of less healthy items. This will reduce the risk of heart disease, stroke, obesity, diabetes, breast, gastric, colorectal, oesophageal and lung cancer.