Evaluating the Option of Self-Regulating Food Marketing to Young People Corinna Hawkes Research Fellow International Food Policy Research Institute Washington DC

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action What is Self-Regulation of Advertising and Marketing Communications? A system whereby industry actively participates in & is responsible for its own regulation A system whereby industry actively participates in & is responsible for its own regulation Led, funded & administered by the industries concerned, comprising Led, funded & administered by the industries concerned, comprising (1) Code of practice governing the content of marketing campaigns; (1) Code of practice governing the content of marketing campaigns; (2) Process for the establishment, review and application of the code of practice, usually in the form of a “self-regulatory organization” Usually exists independently of government regulation, but may be mandated by government Usually exists independently of government regulation, but may be mandated by government To promote advertising/MC that are legal, decent, honest & truthful, & do not exploit the credulity of children (consumer protection) To promote advertising/MC that are legal, decent, honest & truthful, & do not exploit the credulity of children (consumer protection) Thus promoting trust in advertising/MC among consumers & government Thus promoting trust in advertising/MC among consumers & government Thereby protecting advertising /MC from external regulation (protection of industry freedom) Thereby protecting advertising /MC from external regulation (protection of industry freedom) So facilitating the proliferation of more & effective advertising/MC So facilitating the proliferation of more & effective advertising/MC STRUCTUREOBJECTIVE

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action Recent Developments in Self-Regulation of Food Marketing to Young People Increasing worldwide, especially in Europe (faster than statutory regulation) Increasing worldwide, especially in Europe (faster than statutory regulation) Shows industry concern, advantage of speed, responsiveness Shows industry concern, advantage of speed, responsiveness But also shows efforts to deflect statutory regulation: growth in countries and techniques where with legislative threats (expect development in Asia, product placement) But also shows efforts to deflect statutory regulation: growth in countries and techniques where with legislative threats (expect development in Asia, product placement) Countries with statutory and self-regulations specific to marketing food to children – changes April 2004-December Hawkes, C. Marketing Food to Children: Changes in the Global Regulatory Environment , forthcoming, WHO

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action Form of Self-Regulatory Codes (I) General codes concerned with content (follow ICC, CIAA) (almost all countries) e.g. food and drink advertising should not Promote “excessive” consumption; Undermine the importance of a healthy diet; Undermine role of parents in providing nutritional advice; Mislead children about the quality and value of the food (II) Codes that impose limited restrictions on participating companies (only three countries) E.g. Spain, Netherlands, United States, no (or limit) characters popular with children; no product placement (III) Voluntary codes developed by individual food companies (several) Content (general) & restrictions e.g. no advertising to children under age 12 …but not strictly self-regulation, since they generally lack a process for the establishment, review and application of the code

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action How Well is Self-Regulation of Food Marketing to Young People Working? I What is the evidence? Depends on how the effectiveness of self- regulation is defined, implemented and monitored?* 3 types: What is the evidence? Depends on how the effectiveness of self- regulation is defined, implemented and monitored?* 3 types: 1) Monitoring through complaints: traditional approach 1) Monitoring through complaints: traditional approach Child-targeted advertising not subject to much complaint; food advertising subject to relatively large number of complaints mainly on the basis they mislead consumers about the nature of the product (claims) (but most not upheld) Child-targeted advertising not subject to much complaint; food advertising subject to relatively large number of complaints mainly on the basis they mislead consumers about the nature of the product (claims) (but most not upheld) 2) Compliance monitoring: becoming more widespread 2) Compliance monitoring: becoming more widespread Europe: WFA/EASA, ICC Framework % compliance Europe: WFA/EASA, ICC Framework % compliance US: 97% compliance US: 97% compliance Spain: pre-vetting (unusual) recommended that 12.5% (29) were withdrawn & 19.8% (46) modified Spain: pre-vetting (unusual) recommended that 12.5% (29) were withdrawn & 19.8% (46) modified *DG SANCO Green Paper “Promotion of Healthy Diets and Physical Activity” (p.8)

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action How Well is Self-Regulation of Food Marketing to Young People Working? II So by these standards, self-regulation can work… So by these standards, self-regulation can work… … but do not measure whether self-regulation is “working” as an adequate tool for limiting food marketing to young people?* … but do not measure whether self-regulation is “working” as an adequate tool for limiting food marketing to young people?* For that, a third type of monitoring is needed 3) Monitoring of whether substantially reduces extent and impact of food advertising and marketing communications+ 3) Monitoring of whether substantially reduces extent and impact of food advertising and marketing communications+ No evidence, and in fact would counter the aim of self- regulation – facilitate the proliferation of marketing communications, provided are legal, decent, honest, truthful No evidence, and in fact would counter the aim of self- regulation – facilitate the proliferation of marketing communications, provided are legal, decent, honest, truthful Concerned with restrictions, not content Concerned with restrictions, not content Not just advertising, but all marketing communications Not just advertising, but all marketing communications *DG SANCO Green Paper “Promotion of Healthy Diets and Physical Activity” (p.8) + WHO EURO Obesity Charter

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action What are “satisfactory results” needed from self-regulation?* If the result needed is legal, honest, decent and truthful, marketing, which does not exploit the credulity of children, nor directly promote excessive consumption etc, self-regulation can work If the result needed is legal, honest, decent and truthful, marketing, which does not exploit the credulity of children, nor directly promote excessive consumption etc, self-regulation can work If the result needed is to limit the extent and impact of food marketing to young people, self- regulation cannot work, and statutory-regulation is needed (e.g. UK) If the result needed is to limit the extent and impact of food marketing to young people, self- regulation cannot work, and statutory-regulation is needed (e.g. UK) *DG SANCO Green Paper “Promotion of Healthy Diets and Physical Activity” (p.8)

Meeting, 5 February 2007 Diet, Physical Activity and Health – A European Platform for Action Thank you!