Last October the Ministry of Consumption announced that it would issue a new regulation on the advertising content of food “harmful” to children’s health. This week, the Ministry has published a Royal Decree starting a period of hearing and information of 15 days so that the associations and the sector can make contributions.
The letter proposes restrict the use of the image of public figures, such as artists, athletes or in the promotion of foods and beverages with a high content of sodium, sugars, sweeteners, fats and saturated fatty acids aimed at children. The law is expected to receive approval by the end of 2022.
Furthermore, the text explains that “cannot be done no form of promotion aimed at childrensuch What prizes, gifts, contests, sweepstakes or sponsorshipsaimed at supporting the advertising of foods and beverages with a high content of sodium, sugars, sweeteners, fats and saturated fatty acids.
📆 Hoy comienza el periodo de audiencia e información pública del borrador del Real Decreto sobre publicidad de alimentos y bebidas dirigida al público infantil.
📫 Envíanos tus observaciones. #TeEscuchamoshttps://t.co/HgsMJETRYr pic.twitter.com/tXbcExtfLf
— Ministerio de Consumo (@consumogob) March 7, 2022
According to the document, the objective of the measure is “to guarantee the protection of the rights to health and comprehensive development of children”, a sector of the population very vulnerable to advertising and marketing. It is not the first time that restrictions on advertising aimed at children have been announced; A few months ago we saw how to show this type of content to the smallest of the house.
The decision generated a lot of controversy on the networks when it was announced last October, especially among advertising agencies and companies that produce, manufacture or sell food and beverages in Spain. We will have to wait for the period of public contributions and comments on the draft to pass to know what the final restrictions of the decree will be.
The Ministry of Consumption limits the advertising of harmful foods to children
The Minister of Consumer Affairs, Alberto Garzón, did not comment on Twitter about these updates, as he had done last October with the original announcement:
This regulation is part of the growing trend of childhood overweight and obesity that occurs in the country, which is becoming a public health problem. Thus, 41% of Spanish minors suffer from these health problemsalarming if we take into account that in 2019 this figure was around 20%. This puts the country on a par with others such as Mexico and the United States, where these health problems are a constant that affects the population.
This measure comes in a very similar to the one taken in August on the advertising of games of chance and bookmakers. Garzón, as in this case, announced the measure on Twitter, alleging that it would be a means of making football and other competitions a healthier place in line with sporting values.
What will the ban consist of?
This new measure presented will continue the development of the Food Security and Nutrition Law established in 2011, which already raised a more regulation in advertising of this sector. In the same way, the government proposes that this decree will serve to cover the gaps left by the Paos codeincorporated in the 2005. This allows the food sector to self-regulate in these aspects, but according to Garzón, has proven to be insufficient.
The ban will comply with the nutritional profiles used by the WHOwhich have been shown to be more restrictive than those presented in the Nutri-Score. This, let us remember, has been a system of voluntary food regulation that has been wanted to be implemented. However, it has presented various controversies regarding its criteria, since it marks products such as olive oil with a poor rating, instead giving a better grade to products ultra processed.
In this way, the standard will cover in a general way 5 categories of totally prohibited products:
- Chocolate and confectionery, energy bars, sweet toppings and desserts
- cakes, sweet cookies and pastries; other confectionery products, and powders to prepare them
- juices
- Energy drinks
- Ice creams
Then name 10 categories that will have their restricted advertising according to the content of fats, sugars and sodium per 100 grams of the product. The striking thing is that in this instance pasta, breakfast cereals, yogurt or cheese could be included, among other foods that could seem healthy to us.
There are only two categories 100% allowed: fresh and frozen meat, poultry, fish and the like (eggs); and fruit, fresh and frozen vegetables, and legumes.
The National Markets and Competition Commission (CNMC) will be the body in charge of ensure compliance of this regulation.
As for issuers, it prohibits the appearance of «mothers or fathers, educators, teachers, children’s program professionals, athletes, artists, influencers, people or characters of relevance, public notoriety or proximity to childrenbe they real or fictional, that due to their trajectory are likely to constitute a model or example for minors.
A regulation that will affect the digital world
Given the impact of platforms such as YouTube within the young population, this regulation will be extended to these spaces. Months ago the Ministry of Consumption had already announced its interest in restricting junk food advertising, which with this new decree will soon be established. Thus, advertisements both on television and outdoors, videos and social networks will be regulated.
In the digital ecosystem, this can present a greater problem than in the case of television, since it is a much broader medium. In addition also will present a problem for influencers and content creators that make life in these spaces. As it’s common practice for creators to generate sponsored content for junk food brands. Or that they simply upload content by consuming some unhealthy foods. This especially in the case of the channels and creators that are handled within the trend of the mukbang, a type of content that consists of recording a video or streaming while eating large amounts of food in a very close shot.
The regulation will affect ads on children’s television channels throughout the day, in addition to radio and television programs aimed at children under 16, as well as before and after the spaces for children. The regulation will also restrict advertising on general channels during the hours of reinforced protection of minors (from 8:00 a.m. to 9:00 a.m. and from 5:00 p.m. to 8:00 p.m. on working days, and from 7:30 a.m. to 12:00 p.m. on Saturdays, Sundays and holidays). In social networks, applications, internet and print media, content will not be advertised that are directed to minors under 16 years of age.
The proposal was not to the liking of the entire community
Beyond the premise of safeguarding the health of the little ones, the original announcement made by Garzón last October received adverse responses on the social network. Many of them came from parents, who affirmed that the education and care of their children is their exclusive job, as we see in the following example.
Likewise, Some users of the social network highlighted a kind of double talk in this new measure. These strengthen their position in the support shown by Garzón for the legalization of cannabis in previous months. Since although cannabis or marijuana is used as an adjuvant in different medical disorders in some countries, it is still a drug and has a great and deep taboo around its use.
The reaction of the Spanish Association of Advertisers
Another of the negative reactions last October was that of the Spanish Association of Advertisers (aea), in line with what was stated by the Spanish Federation of Food and Drink Industries (FIAB) and other associations in the food chain. At that time, the institution issued a statement in which it rejected the surprising and unjustified approach of this Ministry.
“The Spanish Association of Advertisers is integrated into the Paos Code Monitoring Commission from where work is being done to update said Code. By virtue of this, in recent months, the food and beverage industry has offered to voluntarily reduce more than 75% of advertising aimed at children.
The Paos Code represents a balanced response to the regulatory needs in the field of food and beverage advertising aimed at minors. It is a pioneering commitment that is highly recognized and valued in Europe, an example of action and commitment by the industry in agreement with the Administration for the benefit of consumers, which means that it is not necessary to develop specific regulations in this area.
For all these reasons, these statements by the Minister of Consumer Affairs, Alberto Garzón, are surprising, since, at the last meeting of said Monitoring Commission, which took place on Wednesday, October 27, the representative of the Ministry of Consumer Affairs assured that no decision had been taken in relation to the nutritional profile on which the advertising limitations will be based. The final decision ensured that it would be the result of a debate in which consensus would be sought among all the parties involved.
The aea has always been open to collaboration with the administration to which it expresses its willingness to continue working in this collaborative and self-regulatory way. The advertising industry cannot be stigmatized or curtailed in its recovery and, even more so, after the sharp period with the COVID 19 pandemic that has affected advertising investments so much.
This sector, for which there are already multiple restrictive self-regulatory codes, is also a multiplier of economic value with direct and indirect effects on the business fabric. In Spain, it contributes 1.3% to GDP and generates a turnover of more than 18,720 million euros, which represents 3.5% of the entire service sector and more than 100,000 jobs, being an industry recognized worldwide for which almost 41,000 companies are part of.
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