UNESDA: The Union of European Beverages Associations CODE OF PRACTICE GUIDELINES FOR RESPONSIBLE COMMERCIAL COMMUNICATIONS & SALES PRACTICES FOR NON-ALCOHOLIC BEVERAGES FINAL - APPROVED BY THE BOARD OF UNESDA, 1 DECEMBER 2005
2 TABLE OF CONTENT UNESDA Code of Practice Guidelines for Responsible Commercial Communications & Sales Practices of Non-Alcoholic Beverages Preamble Introduction Importance of self-regulation The UNESDA Code of Practice Compliance 3 Scope and Definitions 5 Provisions 1. Basic Principles 6 2. Appeal to Children 7 3. Commercial Activity in Schools (including Vending Machines) 8 4. Responsible Consumption 9 5. Nutritional Content & Health Claims 10 Annex 11
3 Preamble Introduction UNESDA, the Union of European Beverages Associations, represents a substantial part of the European non-alcoholic beverages industry, uniting major producers of non-alcoholic beverages (carbonated and non-carbonated drinks, including ready-to-drink teas and coffees, bottled water 1, juice drinks 2, sports and energy drinks) as well as this industry s trade associations in 24 countries. Members of UNESDA are listed in the annex to this document. UNESDA members recognise the public concerns about today s health issues, including rising levels of obesity and chronic diseases related to poor diets and lack of physical activity. The non-alcoholic beverage industry is one of the European food industry s largest, most innovative and most visible sectors. As such, UNESDA members recognise the particularly responsible position the industry must adopt. When consumed normally, non-alcoholic beverages can, and should be, an enjoyable part of a healthy diet and lifestyle. It is against this background that UNESDA members are keen to support consumers in their responsible consumption of the wide variety of products available. Public health is the responsibility of all stakeholders. The European nonalcoholic beverage industry, as represented by UNESDA, is committed to playing its part by working with interested individuals and organisations to empower consumers to choose diets and levels of physical activity which can positively impact their health and well-being. This will require multiple strategies and the integrated efforts of manufacturers, retailers, public health officials, educators, dietary professionals, as well as many others. The importance of self-regulation Ultimately, lifestyle and consumption patterns are questions of personal choice and individual responsibility. UNESDA is committed to playing a positive role in helping consumers to make these conscious choices by encouraging commercial communications and sales practices that adhere to sound and responsible principles. 1 Excluding natural mineral waters and spring waters as defined in Directive 80/777/EEC, amended by Directive 96/70/EC 2 Excluding fruit juices and nectars as defined in Directive 2001/112/EC
4 UNESDA members believe that self-imposed measures by the industry, combined with a rigorous enforcement mechanism, are the most effective way to define these principles and truly ensure responsible behaviour by the relevant producers. At the core of effective self-regulation lies a thoroughly developed Code of Practice that takes into account both the inherent nuances of commercial communications, as well as social and health issues. It is in the interests of UNESDA members to ensure that self-regulation functions effectively. UNESDA members recognise that effective self-regulation of commercial communications is a prerequisite in protecting the industry s freedom to advertise responsibly and in helping maintain the freedom to launch and promote new brands and products creatively. The UNESDA Code of Practice Guidelines With this Code of Practice, and by pledging compliance with its requirements, those UNESDA members (companies and national associations) who have committed to implement this code seek to apply the same high standards of quality to communications with consumers as we do to the production and distribution of our products. This Code is a demonstration of the industry s commitment to an ongoing process of self-evaluation of its behaviour. The intended use of the letter and spirit of this Code is two-fold: as a recommendation to UNESDA members to guide the development, execution, placement and monitoring of commercial communications and sales practices. to strengthen, where needed, national self-regulatory mechanisms regarding the advertising of non-alcoholic beverages. Given that many countries have well-developed advertising guidelines applicable to food and beverages, UNESDA members will encourage national self-regulatory organisations to consider these principles, incorporate them, where appropriate, into their own frameworks, and actively enforce them. Compliance All commercial communications and sales practices should comply with both the letter and the spirit of this Code of Practice, as well as the relevant local, regional, national and international laws and regulations. Compliance is in the interest of advertisers, agencies and the media as well as the consumer: it is part of the price to be paid for the continuing freedom to advertise. UNESDA members will seek to engage actively in programmes to inform and educate staff, business associates, and customers (e.g. retailers, bars, hotels, cinemas, leisure parks etc.) of the industry about this Code of Practice.
5 SCOPE AND DEFINITIONS a) Non-Alcoholic Beverages This Code includes within its scope all non-alcoholic beverages produced by corporate members of UNESDA and by members of national UNESDA member associations, but excludes natural mineral waters and spring waters (as defined in Directive 80/777/EEC, amended by Directive 96/70/EC) and fruit juices and nectars (as defined in Directive 2001/112/EC). b) Commercial Communications This Code covers all commercial communications, which are defined as follows: All brand advertising or marketing communications and activities regardless of the medium or channel of communication used, i.e. Print media Broadcast (radio, television) and cinema media Internet and other electronic media (e.g. sms) Labelling Merchandising Packaging Point of sale material Sponsorship Vending machines Commercial communications do not include: Non-advertising materials or statements to the media, government agencies including health professionals, or the public about issues of societal concern such as the risks or befits related to the consumption of non-alcoholic beverages. Educational messages about responsible consumption or the role of nonalcoholic beverages in society. c) UNESDA Members UNESDA members, as referred to in this Code, refers to those (i) UNESDA corporate members (ii) National UNESDA member associations; and (iii) Corporate members of UNESDA member associations who have agreed to adopt the Guidelines. The Annex to this Code lists the UNESDA corporate members and UNESDA national member associations who have committed to implementing this code as of December 2005.
6 1. BASIC PRINCIPLES Commercial communications and sales practices will be prepared with a due sense of social responsibility and take into account the prevailing standards of taste and decency. Commercial communications and sales practices will: a) comply with applicable regional, national and European legislation b) be respectful of human dignity and not discriminate on the grounds of age, culture, disability, gender, marital status, race, religion, sexual orientation and political beliefs. c) be respectful of the principle of equality and avoid sex stereotyping and any exploitation or the demeaning of men, women or children. d) not contain any foul or indecent language or make any suggestion of anything that is licentious. e) not encourage or portray any damage to the environment. f) not present violent images, depict violence or any behaviour that may encourage violence in any manner. g) not mislead the consumer.
7 2. APPEAL TO CHILDREN Commercial communications and sales practices will recognise and act on the special responsibility to protect children from their limited capacity to fully evaluate information. UNESDA also recognises the central role of parents, guardians and educators in guiding children s choices. Commercial communications and sales practices will: a) not be placed in printed media, on any websites or during broadcast programmes that are specifically aimed at children. b) ensure that TV advertising is clearly distinguished from programme content. c) not include any direct appeal to children to persuade parents or other adults to buy advertised products for them. d) not encourage a child to do anything that goes expressly against the wishes or authority of a parent, guardian or educator. e) not exploit children s potential for imagination by creating unreasonable expectations about a product. f) not promote products directly to children that are considered inappropriate for their age. g) not create a sense of urgency to purchase the product. h) not suggest that consumption of the product will enhance status or popularity among peers or that non-consumption of the product will result in loss of status or popularity. i) communicate information in a truthful and accurate manner and in language understandable to children, in full recognition that the child may absorb messages from advertising that can affect his or her health and well-being.
8 3. COMMERCIAL ACTIVITY IN SCHOOLS (INCLUDING VENDING MACHINES) Commercial activity of any kind in schools will be responsible, thoughtful and not in any way undermine the ability of the school environment to act as an incentive to children to learn and build social skills as well as to optimise their childhood development, both physically and mentally. a) In primary schools (below the age of 11 or 12, depending on the relevant educational system), UNESDA members will not engage in any direct commercial activity, unless otherwise requested by school authorities. b) In secondary schools (attended by children from age 11 or 12 up to age 18, depending on the relevant educational system), UNESDA members will not pursue or seek to pursue, any direct commercial activity (sales, marketing, sponsorship), without the express authorisation of school authorities. Where requests are made and authorisation given directly to UNESDA members, UNESDA members will engage in dialogue with schools to identify their special needs and to ensure that a balanced and a full range of beverages - including water, juices and other beverages in both regular- and sugar-free versions - is made available, in appropriate container sizes that allow for portion control. d) UNESDA members will respect the commercial-free character of schools by providing, where directly responsible for the final distribution of products, unbranded vending machines, preferably including educational images and messages promoting a healthy and active lifestyle. e) Where UNESDA members are not directly responsible for the final distribution of such products to schools, members will, to the best extent possible, make third-party distributors aware of the existence of the Code and encourage their compliance with it.
9 4. RESPONSIBLE CONSUMPTION Commercial communications and sales practices will support, encourage or promote responsible consumption. UNESDA members commercial communications and sales practices will: a) generally be supportive of responsible, positive and beneficial social behaviour and values such as friendship, kindness, justice, honesty, generosity and respect for others. b) not suggest, portray, condone or endorse the excess consumption of any beverage and present portion sizes that are appropriate for the social and cultural setting portrayed. c) not undermine the promotion of healthy, balanced diets or healthy, active lifestyles. Promotional activities (e.g. redemptions, under-closure offerings, text message/sms-contests etc.) offering prizes or rewards will: d) avoid requiring consumers to purchase, within an unreasonable timeframe, excessive quantities of products in order to participate.
10 5. NUTRITIONAL CONTENT & HEALTH CLAIMS UNESDA promotes full transparency of its products as sources of enjoyment, hydration, refreshment and variety. Commercial communications and sales practices will: a) accurately represent the qualities and aspects of the product concerned, including size, contents, taste and nutritional content. b) ensure that claims about nutritional and health benefits have a sound scientific basis. c) not suggest or portray a beverage as a meal replacement, unless it has been nutritionally designed with such a purpose. d) accurately convey the potential health and/or nutrition benefits deriving from the consumption of a product Packaging and containers will: e) provide nutrition information, as defined in current EU legislation, even when this is not legally necessary (such as when not making a claim).
11 ANNEX List of UNESDA Members whom have already agreed to subscribe to this Code (as of 20 December 2005; endorsement from additional members expected in the course of 2006): Corporate Members Cadbury Schweppes European Beverages Cantrell and Cochrane Ireland The Coca-Cola Company Coca-Cola Enterprises The Coca-Cola Hellenic Bottling Company Gerber Foods Holdings Ltd GlaxoSmithKline Pepsi Beverages Europe Unilever National member associations Denmark: The Danish Brewers Association* Finland: The Finnish Federation of the Brewing and Soft Drinks Industry Portugal: ANIRSF - The Portuguese Soft Drinks Association Ireland: Beverage Council of Ireland Poland: National Chamber of Business Beverage Industry Spain: ANFABRA - The Spanish Soft Drinks Association * also responsible for non-alcoholic beverages