children’s advertising in the crosshairs a global perspective

Children’s Advertising in the Crosshairs

A Global Perspective

THE EFFECTS OF ADVERTISING ON CHILDREN AND ADOLESCENTS

Research has shown that young children—younger than 8 years—are cognitively and psychologically defenseless against advertising. They do not understand the notion of intent to sell and frequently accept advertising claims at face value. In fact, in the late 1970s, the Federal Trade Commission (FTC) held hearings, reviewed the existing research, and came to the conclusion that it was unfair and deceptive to advertise to children younger than 6 years. What kept the FTC from banning such ads was that it was thought to be impractical to implement such a ban.

d. ask Congress to implement a ban on junk-food advertising during programming that is viewed predominantly by young children.

CSPI is soon likely to file a major lawsuit aimed at stopping Kellogg and Viacom (parent of the Nickelodeon television channel) from marketing junk food to young children.

“Research linking childhood obesity with media and advertising to children troubles me as a parent and as chairman of the FCC.”

Moderator:Douglas Wood

Panelists:Brinsley Dresden, UK

John Feldman, USRudolf du Mesnil, GermanyRichard Wageman, China

Valdir Rocha, Brazil

Summation:Carla Michelotti, Leo Burnett

UNITED STATES

John P. FeldmanReed Smith LLPWashington D.C.

jfeldman@reedsmith.comwww.reedsmith.comwww.kidadlaw.com

U.S. Overview

• Self-Regulation

• Governmental Initiatives

• Litigation

www.caru.org

Self-Regulation

Kraft Lunchables Brigade

Burger King

Key Changes to CARU Guidelines• Authorization for CARU to take

action on “unfair” advertising targeted to children.

• Focus on “blurring” • Focus on the use of commercial

messages in “advergaming.” • Strengthening of CARU’s guidance

to food and beverage advertisers.

Specific Guidance to Food and Beverage Advertisers• No depictions of over consumption.• No disparagement of healthy

lifestyle choices or consumption of fruits and vegetables.

• Represent foods in a mealtime setting that is nutritionally balanced.

• No depiction of snack foods as substitutes for meals.

Cap’n Crunch

Gatorade

Children’s Food and Beverage Advertising Initiative• Healthy messaging• Limits on the use of licensed characters• Commitment not to “pay for or actively

seek” product placement• Incorporate healthy messaging in

advergames• Voluntary ban on advertising in schools• Enforcement – expulsion or referral to FTC

Governmental Initiatives

Legislative Initiatives

Federal Trade Commission §6(b) Requests

Federal• CAMRA, S. 948

Lieberman – (I-CT)

• Child Nutrition Promotion and School LunchProtection Act of 2007 , H. R. 1363Woolsey – (D-CA); S. 771 Harkin - (D-IA)

• PLAY Every Day Act, S. 651 Harkin – (D-IA) & Clinton (D-NY)

• Stop Obesity in Schools Act of 2007, H. R. 1163 Lowey – (D-NY)

States

• States free to exercise jurisdiction over advertising and marketing practices. Examples include:– New York– New Jersey– Oregon

FTC §6(b) Requests• Types of food marketing to children and

adolescents• Types of measured media techniques used• Amount spent to communicate marketing

messages about food products to children and adolescents

• Nature of the marketing activities in unmeasured media

• The marketing policies, initiatives, and research in effect or undertaken by the companies

FTC §6(b) Requests - Techniques• Television advertising;• Radio advertising;• Print advertising;• Movie theater/video/video

game advertising;• Company-sponsored

Internet sites;• Other Internet advertising;• Other digital advertising;• In-store advertising and

promotions;• Specialty item or premium

distribution;• Public entertainment events;

• Product placements;• Character licensing and

cross-promotions;• Sponsorship of sports

teams or individual athletes;

• Packaging and labeling;• Word-of-mouth marketing;• Viral marketing;• Celebrity endorsements;• In-school marketing;• Advertising in conjunction

with philanthropic endeavors; and

• Other expenditures

FTC §6(b) Requests – Expenditures and Other Information• Expenditures

• Specific attention to unmeasured media like Internet advertising

• Company polices

• Market research

FTC §6(b) Requests – Cost of Responding• FTC estimates between 80-300 hours

depending on how many categories the company has that are include marketing to children

• A total estimated expense of over $1.5 million

• An estimated cost to each company of up to $75,000 – based on $250/hour

Litigation

Pelman v. McDonald's[The plaintiffs] "sufficiently described" the injuries that each had allegedly suffered -- "physical injuries of weight gain, obesity, hypertension, and elevated levels of LDL cholesterol; 2) false beliefs as to the nutritional contents and effects of defendant's foods; and 3) economic losses in the form of defendant's products that they would not have purchased but for McDonald's conduct.”

--Judge Sweet

“People may have laughed 16 months ago when obese teenagers unsuccessfully sued McDonald's, saying its food made them fat. But a well-honed army of familiar lawyers who waged war against the tobacco companies for decades and won mega million-dollar settlements is preparing a new wave of food fights, and no one is laughing.” -- New York Times 4/9/07

By recently refocusing these cases on the effect on kids, lawyers can fudge the addiction issue. They'll argue that Big Food poured billions of dollars into commercials targeting children and that they knew in advance the ill effect their product would have on those impressionable minds. -- Slate 8/14/03

The greatest likelihood, however, is that the cases will involve children. ''You're never going to get anybody holding for an adult who goes in and eats too many Quarter Pounders,'' said John Coale, a plaintiffs' lawyer in tobacco and asbestos cases preparing for suits against food companies. ''The issue is about what goes on with the kids, the advertising, what's in schools. That's an issue that has some oomph to it.''

Takeaways

1. Lessons from tobacco litigation must be heeded

2. Respond carefully to FTC’s 6(b) requests, if applicable

3. Follow CARU; watch Food/Beverage Initiative

4. Focus on options; avoid promises5. Today children, tomorrow who?

UNITED KINGDOM

Brinsley DresdenLewis Silkin

London, Englandbrinsley.dresden@lewissilkin.com

www.lewissilkin.com

United Kingdom Overview

• The new scheduling rules

• The new content rules

• Case studies and examples

• Where do we go from here?

“Naughty…but nice!”

• High in fat, sugar or salt (HFSS)

• “Nutrient Profiling” by Food Standard Agency

• BACC will require NP Certificate

• Catches raisins, cheese, marmite, & breakfast cereals!

• Scores fat, sugar and salt v. protein & nutrients. Is that scientific?

New Scheduling Rules

• From 1st April ‘07: No ads / sponsorship for HFSS foods/drinks in or around programmes likely to appeal to the under 10’s.

• From 1st Jan. ’08: extended the under 16’s. (e.g. MTV)

• From 1st April ’07 to 1st Jan /09: phased removal from dedicated children’s channels

What programmes are caught?• Conversion Index based on

Broadcast Audience Research Board (BARB) data

• Does proportion of audience aged under 16’s exceed the national average by >20%?

• If so, it is of ‘particular appeal’

New Content Rules from 1st July• Diet & Lifestyle

– Discourage poor nutritional habits or an unhealthy lifestyle

– Excessive consumption– Snacking, eating before bedtime– Avoid bad attitudes e.g. to ‘greens’– Avoid encouraging sedentary pastimes

or discouraging physical activity

New Content Rules from 1st July• No Pressure to Purchase

– Discourage pester power– Do not imply disloyalty, inferiority or

superiority– Do not appeal to pity, fear, loyalty, self

confidence– Avoid hard sell or high pressure or

persuading others to buy

New Content Rules from 1st July• No promotions to under 9’s

– Must be used responsibly: no urgency, or encouragement of excessive or irresponsible consumption

– Special rules for collection-based promotions to avoid excessive consumption

New Content Rules from 1st July• Celebrities & licensed characters to

be used responsibly– Not in ads directed to under 9’s– No implication of emulation– No implication of disloyalty– Derogation for advertiser-created equity

brand characters (e.g. puppets, persons or characters), rather than ‘borrowed equities’

New Content Rules from 1st July• Nutritional and Health Claims

– Not allowed in breaks in programmes for the under 9’s

– Must no encourage excessive consumption

– Must not disparage good dietary practice or good oral healthcare

“Borrowed Equities”

Kellogg’s and Scooby-Doo

Kellogg’s “Eat Right” Campaign

Advertiser Created Equities

P&G Sunny Delight

Encouraging attitudes associated with poor diet

Marmite

Defining HFSS Foods

Walkers Crisps – Gary Lineker

Celebrities and Health Claims

What does the future hold?• NGO’s want to go further

• Govt’ review in late 2007

• FSA review NP system in 2008

• The Ofcom will review again

• Blanket ban pre-9pm?

• Ban on brand ads & sponsorship?

• Ban on all food advertising?

• Collapse of children’s TV?

Takeaways

1. TV Scheduling Rules only apply to HFSS Foods

2. And only around programmes likely to appeal to the U16’s

3. Content rules apply to all TVC’s for HFSS foods and ALL non-broadcast adverts

4. Take advice at an early stage

EUROPEAN UNION

Rudolf du MesnilHeuking Kühn Lüer Wojtek

Frankfurt, Germanyr.dumesnil@heuking.de

www.heuking.de

EU Overview

• The Issues:– Health– Child Development & Education– Role as Consumer– Children at Work

Health–Education–Consumer-Work• State of play at the European level

as opposed to National Legislation in EU Member States

• Balancing the interests– European environment of free

commerce, trade & promotion vs. Protection of children where necessary

Health IssuesWhere it all started:• 2005

– European Commission “Green Paper” of 8 December 2005• Summary of activities, structures and plans on

the subject of „Promoting healthy diets and physical activity: a European dimension for the preservation of overweight, obesity and chronic diseases.“

– EU Commission looks into promotion of healthy lifestyles.

– Better nutrition, more physical activity, improvement of other relevant standards.

– To supplement national activities through EU policies, exploiting economic synergies, creating best practice guidelines.

Health IssuesWhere it all started:• Why?

– 7 % of health care costs in the EU are obesity driven- tendency increasing.

– Back in 2001 in England alone: estimated sickness absences due to obesity in England 18 million days, 30.000 premature deaths

– In terms of wider costs to the economy

(lower productivity, lost output): 2 billion GBP/year

Health IssuesWhere it all started:• Why?

– Unfavourable dietary composition (in short: to much „wrong type“ fat) increases the likelihood of developing cardiovascular disease by 25 %

– Studies show that tackling overweight and obesity is important to public heath, reduces health services costs helps to stabilise economies.

Health IssuesEU Structures and Tools• EU “Platform for Action on Diet,

Physical Activity and Health– Brings together all relevant players willing

to enter into binding and verifiable commitments. Important tool of self-regulation.

• “European Network on Nutrition and Physical Activity”– Composed of experts nominated by EU

Members States, WHO, Consumer and health organizations

Health IssuesEU Structures and Tools• “Public Health Action Programme” and

Annual Work Plans– Supporting Pan-European projects aimed

at promotion of healthy nutrition habits and physical activity

• “European Food Safety Authority” (EFSA)• WHO/FAO Report on recommended

nutrition intake• Eurodiet project on food – based dietary

guidelines (FBDGs)

Health IssuesEU Structures and Tools• Eurodiet project on food – based

dietary guidelines (FBDGs)• Cooperation beyond the European

Union:– Codex Alimentaris Commission

organized by the World Health Organization (WHO) and the Food and Agriculture Organization (FAO)

Health Issues - EU Regulation & Legislation, Measures Taken to Date• NUTRITION AND HEALTH CLAIMS MADE ON

FOODS– Regulation No. 1924/2006 – in effect as of 1 July

2007• “Food Health Claims Regulation”

– Regulates the use of nutrition and health claims in “commercial communications” (such as labelling, sales presentation and in advertising).

– Principal Rules:» Apart from general requirements as to accuracy, safety,

avoidance of excessive consumption,» the Regulation requires scientific substantiation for all claims

(Art. 6)» claims must comply with standardized list in Annex to

Regulation» other important restrictions.

Health Issues – EU Regulation & Legislation, Measures Taken to Date• LABELLING, PRESENTATION AND

ADVERTISING OF FOODSTUFFS– Directive 2000/13 of 20 March 2000 – in

effect since June 2000•“Foodstuffs Labelling Directive”

– Contains general labelling provisions, generally prohibits misleading information or attribution of medicinal properties to feed.

Health Issues – EU Regulation & Legislation, Measures Taken to Date• UNFAIR COMMERCIAL PRACTICES

(BUSINESS TO CONSUMER)– Directive 2005/29 of 11 May 2005 – in effect

since 12 June 2005• “Unfair Commercial Practices Directive”

– Prohibiting certain “aggressive commercial practices”– Annex I, Number 28 prohibits:

» “Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them…”

Health Issues – EU Regulation & Legislation, Measures Taken to Date• TELEVISION ADVERTISING

RESTRICTION- Directive 89/552 pf 3 October 1989 as

amended by Directive 97/36• Art. 12: “TV advertising shall not … encourage

behaviour prejudicial to health and safety.”• Art. 13: “All forms of TV advertising of …

tobacco products shall be prohibited.• Art. 15: “TV advertising for alcoholic beverages

… may not be aimed specifically at minors or … depict minors consuming these beverages.”

Health Issues – EU Regulation & Legislation, Measures Taken to Date

- Directive 89/552 pf 3 October 1989 as amended by Directive 97/36 (cont’d)

• Art. 16: “TV advertising shall not: - (a) directly exhort minors to buy a product or a service by

exploiting their inexperience or credulity;- (b) directly encourage minors to persuade their parents or

others to purchase the goods or services being advertised;- (c) exploit the special trust minors place in parents,

teachers or other persons;- (d) unreasonably show minors in dangerous situations.”

• Art. 22: “Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include programmes which might seriously impair the physical, mental or moral development or minors, in particular those that involve pornography or gratuitous violence.”

Child Development & EducationChild’s Role as Consumer• Advertising in General

– EU Regulations and Directives / National legislation in each EU Member State

• Germany legislation and regulation different in 15 different German States on:

– education– broadcasting and– some aspects of youth protection

• State laws regulate the protection of minors in connection with:

– presence in restaurants, bars and clubs, gambling facilities,– entertainment events– alcohol and smoking,– motion pictures and video,– offers and sales of electronic and print media with indecent or

otherwise detrimental (violent) content.

• There are both government and self-regulatory bodies involved in the supervision and enforcement of these rules

Child Development & EducationChild’s Role as Consumer• Advertising in TV and Radio

Broadcast– What is the law?

• It is prohibited in any kind of broadcast– to aim purchase offers at children by exploiting lack of

experience and trust,

– To induce children to ask their parents or third parties to purchase advertised products or services,

– To exploit the special trust and belief of children in the authority of parents, teachers and other principals,

– To show children without special reason in a dangerous situation,

Child Development & EducationChild’s Role as Consumer• Advertising in TV and Radio

Broadcast– What is the law?

• It is prohibited in any kind of broadcast– To aim alcohol and tobacco advertising at minors,

– To broadcast advertising in children programmes (or parts of regular programmes specially aiming at children) which may have a detrimental effect on the development or education of a child.

• Inter-State Treaty of Protection of Minors in the Media (JMStV – Jugendschutz-Medienstaatsvertrag)

Child Development & EducationChild’s Role as Consumer• Advertising in TV and Radio Broadcast

– How are restrictions implemented?• Supervisory authority: Commission for the Protection of

Minors in the Media (KJM)

• Non-governmental body comprising twelve experts nominated by the media regulatory authorities and the juvenile welfare authorities of the Federal and State governments.

• Principle of voluntary self-regulation, combined with technical measures, such as content filtering and rating systems.

• Industry has been given the opportunity to establish a system of self regulation (mainly on account of constitutional protection of freedom of speech and the prohibition of censorship (Art. 5 (1) German Constitution).

Children at Work• Participation of children in the creation of

advertising:- German Youth Work Protection Act of 12 April

1976• No legislation that prohibits the use of children in

the production of exhibitions, fashion shows, catwalks and advertising as such.

• Children are frequently used in any form of advertising (print, audio, TV, film), subject to the applicable work and content control rules.

Children at Work• Participation of children in the creation of

advertising:- Regulated are:

• the working time and compulsory pauses• parental and guardian consent requirements• exemption rules

- In addition there are:• copyright and privacy protection rules,• other general rules of civil and criminal law which

serve the protection of children in general.

Takeaways1. Strong opportunities for self-regulation on EU and

national levels2. EU rules rather general and not aiming at

limitation of food advertising as such.3. Due to moderate food advertising practices in

Germany and in some other European Countries:– Advertising freedom still strong,– Emphasis on content disclosure and labelling regulation.

4. Consumer and child protection more or less a matter of general fair trade principles with few exceptions re tobacco, alcohol, violence and offensive content.

Valdir RochaVeirano & Advogados Associados

Rio de Janeiro, Brazilvaldir.rocha@veirano.com.br

www.veirano.com.br

LATIN AMERICASpecial Focus: Brazil

Argentina

• CONARP – Self-Regulation Code in Advertising– Article 33 - Every advertising shall

respect children’s credulity and inexperience.

– No specific mention to food advertising.

Bolivia

• Children and Teenagers Code (1999)• City governments must regulate

entertainment and advertising to children.

Chile

• CONAR – Self-Regulation Code in Advertising: – Article 28: Food advertising to children

must: (i) follow general rules for ads to children (ii) respect parents authority, which are tutors for a healthy diet

Chile (2)

• Case decided by CONAR– Soprole S.A

Baby climbs chair to reach yogurt in refrigerator. Risk situation.

– Advertiser obliged to show commercial at night for 15 days while modifying it to comply with CONAR regulations.

Soprole S.A. (Chile)

Paraguay

• CENERCO - Self-Regulation Centre– No specific mention to food

advertising– General rules must apply (respect

ingenuity, credulity, inexperience, etc.)

Peru

• Advertising Law in Defense of Consumers (Legislative Decree 691) – Use of fantasy should not lead

minors to confusion;– General rules for ads to children

Venezuela

• Children and Teenagers Protection Act– During children programs, ads must be

suitable to audience.

Brazil• Constitution (1988)

– Family, society and State must:• ensure children rights of (...) dignity,

respect • (...) and guard them from neglicence,

discrimination, exploitation, violence, cruelty and oppression.

Brazil (2)

• Children and Teenagers Statute (Law 8069 of July 13, 1990)– Prohibits ads of alcohol, tobacco,

weapons and ammunition in publications for children

Brazil (3)

• Consumer Defense Code (Law 8078/90)

– Prohibits:• misleading and abusive advertising; • incitation of violence;• Exploration of superstition,• Inducement to harmful or hazardous

behavior etc.

Brazil (4)

• CONAR – Self-Regulation Code (1980)

– Ads to children must:• respect ingenuity, credulity, inexperience

and loyalty feeling;• not offend minors;• not imply inferiority;• not induce minors to constrain parents;• not show minors in risk situations;• not show children in Alcoholic beverages

fire arms and tobacco ads

Brazil (4b)

• CONAR – Self-Regulation Code (1980)

– Recent amendments to Section 11 – Ads to children must

• NOT use imperative incentives to children, such as “buy it” or “ask mom to buy it”.

• Be a supporting factor in children education and positive development of relationships;

• NOT demerit positive social values;• NOT provoke discrimination;• NOT use jornalistic format.

Brazil (4c)

• CONAR – Self-Regulation Code (1980)

– Food ads to children must (Annex H)• Avoid associating food to pharmaceutical

products;• When affirming the product’s benefits to health,

make it according with the official licencing, as well as using clear language;

• Be clear regarding the products characteristics;

Brazil (4d)

• CONAR – Self-Regulation Code (1980)

– Recent amendments to Annex H - Food ads must NOT

• Encourage the excessive use;• Despise the importance of healthy food;• Present products as substitutes of meals;• Employ invocations related to status, sexual and

social success, etc.;• Discredit parents roles as orientators of healthy

food habits;• Use children that are too fat or too thin.

Brazil (4e)

• Recent amendments to Annex H - Food ads MUST:

– Use words that correspond to the product’s official licencing, i.e. “light”;

– Value the practice of exercises– Be interpreted in the most restrictive

way when related to “natural products” and children products

Brazil (5)

• CONAR decisions– Trakinas – November 2005

• Group of consumers vs Kraft Foods and Giovanni e Associados

• Boy misleading his mother in order to get cookies was considered miseducational by the consumers

• CONAR understood that it was only a childrens play and shelved the case.

Trakinas

Brazil (6)

• Chokito – November 2006– Consumers’ Prosecutor vs Nestlé and J.

Thompson– Boy adulating people in order to get

chocolate was considered miseducational by the Prosecutor

– CONAR understood that it was a common behavior of children and shelved the case.

Chokito

Brazil (7)

• Baton – October 2006– Consumer vs Chocolates Garoto and

W/Brasil– The phrase “compre Baton” (buy

‘Baton’) violates the new rules of the Self-Regulation Code

– The defense alleged that the commercial had already been modified and CONAR shelved the case.

Baton

Brazil (8)

• Bubballoo – December 2006– Two consumers vs Adams Brasil and J.

Walter Thompson– Group of kids observing a girl’s reaction

after chewing the gums was considered by the consumers a sensual invocation

– The defense alleged that the commercial only emphasizes the qualities of the product (spicy and cooling flavours) and CONAR agreed, shelving the case.

Bubballoo

Brazil (9)

• Hellmann’s Ketchup – December 2006

– Two consumers vs Unilever and Ogilvy Brasil

– Boy licking a sensual poster in which ketchup was expelled was considered inappropriate by the consumers

– CONAR understood that it was a funny commercial, elucidative of the qualities of the product, and shelved the case.

Hellmann’s Ketchup

Brazil (10)

• Polenguinho – October 2006– CONAR vs Grupo Polenghi and Famiglia

Publicidade– The use of the word “experimente” (try

it) was questioned by CONAR for employing a mandatory pledge directly to children

– CONAR agreed with the defense, that put across that the way the word was used only indicated a suggestion, and not a command. The case was shelved.

Polenguinho

Brazil (11)

• Pingo D’Ouro Agito - February 2004

– consumers vs Pepsico– The product’s package was

inadequate to children since it consisted of a picture showing a cup being filled with beer.

– The Appelate Board determined the alteration of the package.

Brazil (12)

• Anvisa’s Public Inquiry nº 71– Title II: Ads to Children about food

with• high sugar content• saturated fat • trans-fat • sodium content • low nutritional content beverages

Brazil (12b)

– Prohibitions:• Use pictures, drawings, celebrities and

characters admired by children; • Radio and TV (only allowed from 9pm-

6am);• Schools or other children care entities;• Prizes or bonus related to these products;• Toys, movies, electronic games, websites;• Educational material.

Brazil (12c)

– Comments:• Unconstitutionalilty. Advertising matters

ought to be regulated by federal law;• ANVISA postponed the deadline for

answering (expired on March 11, 2007)• Final text consolidation in April:

amendments can be expected • Comments and criticism offered by

associations and other entities.

Takeaways

1. Rising trend in obesity: also a problem in developing countries;

2. Regulation shall observe rules and principles fixed by law. Ex. Brazilian Public Inquiry 71;

3. Self-Regulation widely adopted in Latin America;

4. Ingenuity, credulity, inexperience and loyalty feeling of minors must always be respected;

5. Recent amendments in Brazilian Self-Regulation Code

ASIA PACIFICSpecial Focus: China

Richard WagemanLehman, Lee & Xu

Beijing, Chinarwageman@lehmanlaw.com

www.lehmanlaw.com

Australia

• Children’s Code – ads must not encourage an inactive lifestyle combined with unhealthy eating or drinking habits

• Food & Beverages Code – ads must not undermine parent’s responsibility for a child’s welfare in their role of guiding diet and lifestyle choices

Malaysia

• Except for food relating to drugs, dietary supplements, vitamins and alcoholic beverages, there are currently no specific or self regulated guidelines regulating the food industry

New Zealand

• Code for Advertising to Children – ads must not mislead as to the nutritional value of any food

• Persons or characters who have achieved celebrity status with children must not be used in ads to promote food or drink in such a way so as to undermine a healthy diet

Children’s Advertising in China

Background

• China adopts a “one-child” policy in 1979

• Children in China often described as “little emperors or empresses”

• In 2006 approximately 274 million children in China under the age of 14 years

Background

• Chinese parents in large cities give more then 3 billion USD to their children to spend as they wish.

• Chinese children determine about 68% of their parents’ spending

Children?

• No definition of the term “Children” in advertising laws or regulations

• General Principles of Civil Law of PRC – refers to children as persons aged 14 or below

Advertising for Children

• Advertisements of products whose target consumers are children

• Advertisements that use child actor

Children’s Advertising• Advertisements directed to children

are allowed• But, no specific guidelines

concerning advertisements directed towards children

Protection of Children in Advertisements• Law of the PRC on the Protection of

Minors (2006)• Advertising Law of the PRC (1994)• Advertising Review Standards

(1994)– In general, ads must not impair the

physical and mental health of minors

Food Advertising vs.

Childhood Obesity

Regulations on Advertising of F & B Products• Preliminary Rules on Food

Advertising (1996) – No specific provisions for advertising

food to children– Article 8 – ads must not indicate that a

certain food can replace mother’s milk; must not use the image of a breast-feeding mother and an infant

Food Advertising vs. Childhood Obesity• China citizens are getting fatter;

obesity epidemic is slowly spreading to children.

• Today, 8% of 10- to 12-year-olds in China's cities are considered obese and an additional 15% are overweight.

• Very few rules regulating food advertising and even fewer rules related to food advertisements that target children.

Food Advertising vs. Childhood Obesity• China slowly joining international

movement to protect children in many economic and social areas,

• Some senior Chinese government officials have called for more stringent controls on food ads that target children

• Total ban on fast food advertising being debated in China-press/government

Chinese Advertisements

Not approved

Pizza Hut

Chinese Advertisements

Approved

McDonald’s

Kentucky Fried Chicken

McDonald’s

Takeaways1. Asia Pacific countries are committed to

increasing regulation of advertising directed at children

2. Health issues impacting advertising practices

3. Laws and regulations being considered to deal specifically with fast food advertising

4. China reviewing all advertising laws at this time, with regulation of ads directed to Children high on the priority list

WRAP UP

Carla MichelottiLeo Burnett Worldwide

carla.michelotti@leoburnett.com www.leoburnett.com

Resources

www.gala-marketlaw.com

www.galagazette.com

www.kidadlaw.com

Thank you

Questions?