The food pyramid meets the regulatory pyramid Obesity prevention and responsive regulation of the food industry Belinda Reeve.

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The food pyramid meets the regulatory pyramid Obesity prevention and responsive regulation of the food industry Belinda Reeve

The advertised diet Sugary breakfast cereal Soft drinks Savory snacks Confectionary Fast food

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Responsive regulation: the regulatory pyramid Legislation Standards Co-regulation between government & industry, industry codes Self-regulation, voluntary compliance Adapted from Ayres and Braithwaite (1992)

Regulation of children’s television advertising Children’s Television Standards 2009: mandated compliance Commercial Television Industry Code of Practice (Free TV Code) AANA codes: compliance ‘expected’ AFGC initiative: voluntary compliance

Children’s Television Standards 2009 Apply during, before and after C and P programs designed specifically for children Prohibit advertising that is misleading, deceptive or untruthful Establish restrictions on scheduling and frequency and content Restrict marketing practices including premium offers, prizes, use of characters

Industry Codes of Practice Commercial Television Industry Code of Practice, AANA Code of Ethics, Code for Advertising and Marketing Communications to Children, Food and Beverages Code Adopt CTS prohibitions and restrictions Extend them to all broadcasts and all advertisements ‘directed to children’ Advertisers must not promote an inactive lifestyle or unhealthy eating or drinking habits

Responsible Marketing Children’s Initiative Prohibits advertising of certain foods to children under 12 unless promoting health dietary choices/healthy lifestyle Companies to voluntary comply with set of principles and restrictions on marketing techniques Companies to develop and implement Company Action Plans

Responsive regulation’s limitations Cannot help with industry-specific scheme design problems – For example: limited scope of CTS Does not question presumption of self/co-regulation – Can self-regulatory regimes ever effectively control children’s food advertising?

Conclusions Proposed regulation of television food is co- regulation with background threat of government intervention Responsive regulation can be used to further refine the scheme But cannot deal with scheme’s specific ‘content’ problems Most important problem is that the scheme’s goal does not fit with reducing food advertising