Controlling food and drink marketing to children: UK regulation and codes. Jane Landon Saturday 29 May, 2010, Copenhagen. StanMark

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1 Controlling food and drink marketing to children: UK regulation and codes Jane Landon Saturday 29 May, 2010, Copenhagen Regulatory landscape in UK Marketing to children is regulated by statutory regulation and self-regulation by industry bodies At least 20 codes apply to marketing to children across the two systems (international and national from a variety of code-making bodies and trade associations) No codes or regulations address integrated marketing communications across all platforms

2 Television food and drink advertising New TV advertising rules in 2007 Proposed and implemented by broadcast regulator, Ofcom, following public consultation Fully implemented since January 2009

3 New TV food and drink advertising rules in brief No high fat, sugar or salt (HFSS) ads in children s programmes. No HFSS ads on dedicated children s channels. No HFSS ads in programmes of particular appeal to children under age 16. No celebrities or licensed characters to be used in ads for HFSS products aimed at primary aged children (<12 years). No promotional offers (giveaways) in HFSS ads aimed at primary aged children. Nutrient profiling: defining healthy and less healthy foods and what can be advertised Points Energy (kj) >3350 Sat fat (g) >10.0 Total sugar (g) >45.0 Sodium (mg) >900 Protein (g) 1.6 >1.6 >3.2 >8.0 Fibre (NSP) (g) 0.7 >0.7 >1.4 >3.5 Fruit, Veg & Nuts 40 >40 >60 >80 (g) 5 For both food and drinks: scores are based on the content of nutrient in 100g. Healthy/Intermediate food = 3 or less Healthy/Intermediate drink = 0 or less Unhealthy food = 4 or more Unhealthy drink = 1 or more

4 How have the rules worked out in practice? Ofcom Review of rules in 2008 looked at: Changes in context viewing habits, TV landscape etc. Changes in the amount of HFSS ads seen by children Changes in food & drink advertising techniques seen by children Impact on broadcasters Further review announced for 2010 Changes in context Number of food & drink ad spots on TV overall has increased (mainly due to proliferation of channels) Food & drink ad spots have shifted from children s airtime to adult airtime (driven in part by restrictions). Net effect of changes is that children are exposed to slightly more advertising (0.5%).

5 Changes in HFSS ads seen Age group All food & drink HFSS products % -34% % -39% % -28% Changes in ad techniques seen Children saw less advertising featuring: Licensed characters (-69%) Brand equity characters (-36%) Other characters (-4%) Promotions (-36%) Health claims (-18%) Outside children s airtime all techniques (except character licensing) increased over the period.

6 Impact on broadcasters Despite the fall in food & drink ad revenues for children s channels, they have been able to increase ad revenues overall. Some reformulation, eg. Crusha, Yoplait Some growth in healthy drinks, yogurt and branded fruit snacks market Some increase in non-food advertising Some disincentive for new or expanded child-focused service? Rules fail to capture the most watched programmes Audience index of 120 = the proportion of children in the audience is 20% greater than in the general population. To trigger restrictions, roughly 18% of a given viewing audience must be under 16. Programme Time of broadcast Total viewing audience Number of under 16s watching % of under 16s in total audience Beat The Star Hulk Sunday Saturday m 532,300 10% 2.37m 409,700 17% Calculated from Broadcast Audience Research Bureau data (2008)

7 How do the rules compare to a 9pm watershed restriction? Ofcom rules 9pm watershed Estimated reduction of 41% 82% ads seen Estimated loss of revenue *3.5% of revenues 22.6m Product placement on television 211m*

8 EU Audiovisual Media Services Directive Derogates powers to Member States to allow (and regulate) product placement EU Directive maintains a ban in some programme categories including children s programming and news programmes Denmark is the only EU country to maintain a total ban on product placement in domestically produced programmes New rules on product placement in British commercial TV (February 2010) No products or services in following categories: Alcoholic drinks Food and drink high in fat, sugar or salt Gambling Smoking accessories (pipes, cigarette papers) Over-the-counter medicines, or Infant formula and follow-on formula

9 A win for public health In reaching this decision the Government has had the issue of potential effects on health and welfare, and especially children s health and welfare, particularly in mind. The [European] Directive contains a ban on product placement in children s programmes, and our legislation will enact that. However, children s viewing is not confined to children s programmes. In the circumstances we intend to legislate for a complete bar on placing these products. This as an important aspect of the cautious approach that we need to take. Written Ministerial Statement on Television Product Placement, 9 February 2010 Coming next: partnering products with channels The advertising highlights Coca Cola as an integral part of consumers weekend dinners. The ads celebrate traditional family get togethers Marketing Week Magazine, 1 April 2010

10 What about marketing in nonbroadcast media? Press Poster Online (display ads, classifieds & searches) Company websites Mobile marketing (SMS) Viral marketing Sponsorship Advergaming Peer-to-peer Social networking User-generated marketing Point of sale Packaging Marketing covered by the selfregulatory code (CAP) Press advertising Poster Online (display ads, classifieds & searches) Company websites Mobile marketing (SMS) Viral marketing Sponsorship Advergaming Peer-to-peer Social networking User-generated marketing Point of sale Packaging

11 What does the CAP code say? No celebrities or licensed characters to be used in ads for food or drink products aimed at primary aged children (<12 years). No promotional offers (giveaways) in food or drink ads aimed at primary aged children. Exemptions for fruit and vegetable advertising. (CAP Code of Advertising Practice, 2007) What the Code does not say... Does not address volume of marketing Does not extend protections to children under 16 Relies on proof of targeting rather than exposure to advertising

12 Equity brand characters are exempt from self-regulatory code Marketing in media not currently covered by any codes or rules Press Poster Online (display ads, classifieds & searches) Company websites Mobile marketing (SMS) Viral marketing Sponsorship Advergaming Peer-to-peer Social networking User-generated marketing Point of sale Packaging

13 Advertisers shift into other media New proposals to extend selfregulatory (CAP) rules to advertiser-owned websites Industry initiative to bring company-owned websites within remit of the CAP rules (2011?) Awaiting approval and implementation It is not clear how, for example, CAP will determine what is or is not a marketing communication in this context

14 How will new rules deal with brands pages on social networks like Facebook? Voluntary Principles on marketing food and drink to children new initiative Under the previous government, the Department of Health commissioned the National Heart Forum to lead a consortium to look at developing a voluntary set of principles...to underpin all forms of marketing and promotion of food to children, particularly where established mandatory self- or coregulatory regimes do not exist.

15 Marketing in media not covered by any codes or rules Press Poster Online (display ads, classifieds & searches) Mobile marketing (SMS) Voluntary Principles development initiative Company websites Viral marketing Sponsorship Advergaming Peer-to-peer Social networking User-generated marketing Point of sale Packaging Collaborative process involving industry, NGOs and government Involves mapping of rules, codes and pledges worldwide, consultation with corporate players and consumers, examination of examples from other sectors... Work in progress report to DH due in summer 2010

16 Thank you