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A British Heart Foundation and Children's Food
Campaign proposal for a statutory system to regulate
non-broadcast foodmarketing to children
Protecting children from
unhealthy foodmarketing
CChhiillddrreenn’’ss FFoooodd CCaammppaaiiggnn
www.childrensfoodcampaign.org.uk
II
Acknowledgments
The conclusions in this report have been reached
after a long process of discussion and
consultation. Particular thanks are due to the
author Richard Watts, Coordinator of the
Children's Food Campaign; as well as Alex
Callaghan, Yvonne Gritschneder and Ruairi
O'Connor at the British Heart Foundation (BHF);
Dr Mike Rayner from Sustain and Jane Landon of
the National Heart Forum who formed a steering
group to oversee the writing of the report.
An expert seminar was held in July 2007 to
discuss the current state of non-broadcast food
advertising to children. The seminar was
attended by: Isla Arendell, National Federation of
Women's Institutes; Emma Boyland, Liverpool
University; Jo Butcher, National Children's
Bureau; Alex Callaghan, BHF; Gill Cowburn, BHF
Health Promotion Research Group, Oxford
University; Kath Dalmeny, Sustain; Sue Davies,
Which?; Professor Gerard Hastings, Institute for
Social Marketing, University of Stirling; Jane
Landon, National Heart Forum; Dr. Tim Lobstein,
International Obesity Task Force; Kirsty
Schneeberger, Sustain; Professor Boyd
Swinburn, Deakin University; and Richard Watts,
Coordinator, Children's Food Campaign. The
conclusions of this report have been shared with
those who attended the seminar.
Particular thanks are due to a number of interns
who worked on the report: Alex Hale, Lianna
Hulbert, Shaira Kadir, Kirsty Schneeberger and
Harriet Smith. The report has only been possible
with their help.
Any mistakes in this report are, however, the sole
responsibility of the author.
Childhood obesity is one of the nation's most pressing public
health issues. If current trends continue, best estimates
suggest up to half of boys and almost a third of girls will be
obese by 2050. Obese children are highly likely to become
obese adults and the potential rise in cases of heart disease,
type 2 diabetes and diet-related cancers would create a
massive cost to the NHS, as well as huge suffering for those
involved.
Further action simply must be taken. Given the link between
the marketing of unhealthy foods to children and poor diets
amongst our nation's young, there is the strongest possible
case for further action to regulate marketing of unhealthy
foods to children.
This goes well beyond television advertisements. Health
groups have long called for a statutory system to regulate
marketing of junk food to children on promotional websites,
text messages, in-store placements, cinema adverts and
posters - but until now, no one has set out what these
arrangements might look like.
I commend this report as the first serious attempt to design a
truly comprehensive statutory system of regulation for non-
broadcast food marketing. I very much hope that the debate
it will undoubtedly stimulate will lead to action on how to
control unhealthyfoodmarketing aimed at children.
Peter Hollins
Chief Executive
British Heart Foundation
IIIProtecting childrenfromunhealthyfood marketing
1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Diet-related diseases and unhealthyfoodmarketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.1 Prevalence of diet-related ill health in the UK, including childhood obesity . . . . . . . . . . . . . . . . . . . 5
2.2 The role of food promotion in making food choices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.3 Regulation of unhealthyfood advertising in broadcast media. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.4 Lack of regulation of unhealthyfoodmarketing in non-broadcast media . . . . . . . . . . . . . . . . . . . . . 8
2.5 Conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say . 11
3.1 What regulations are currently in place - the CAP Code and others . . . . . . . . . . . . . . . . . . . . . . . . 11
3.2 What the current regulations do not cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.2.1 Product-based . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.2.2 Promotional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.2.3 Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.3 Criticisms of the current codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.3.1 The language used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.3.2 Definition of 'children' and 'unhealthy food' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.3.3 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.4 Conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4. Models of good practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.1 Tobacco control in the UK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.2 Examples of unhealthyfoodmarketing controls from other countries. . . . . . . . . . . . . . . . . . . . . . . 29
4.2.1 Quebec, Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4.2.2 Sweden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4.3 Conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
IV
Contents
VProtecting childrenfromunhealthyfood marketing: Contents
5. How to protect childrenfrom non-broadcast marketing of unhealthyfood . . . . . . . . . . . . . . . . . 35
5.1 What the rules should be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5.1.1 General principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5.1.2 Defining 'unhealthy food' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
5.1.3 Defining 'targeted at children'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5.1.4 Marketing in store. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5.1.5 Regulating websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5.1.6 Brand advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5.2 Legislation and enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.2.1 The role of the ASA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.2.2 Proposed role of Trading Standards Offices (TSOs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5.3 Conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
6. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Appendices
1. The revised CAP Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2. ICC International Code of Advertising Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
3. Draft enforcement sheet for TSOs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
VI
Summary
Public interest groups have long made the
case that our current system of regulating non-
broadcast (i.e. not on television or radio)
marketing of unhealthyfood to children is not
adequate. This report is the first attempt in the
UK to design a statutory system of regulation
for non-broadcast foodmarketing that protects
and promotes children's health.
Children's dietary health, in particular childhood
obesity, is widely recognised as one of our most
pressing public health problems. The recent
Foresight report on obesity makes grave
predictions for the future state of the nation's
health unless we act now. Without action, 55% of
boys, and 70% of girls, could be overweight or
obese by 2050 and obesity will cost the country
£45 billion a year.
Food advertising and marketing, which is almost
always for unhealthy products, plays an important
role in encouraging unhealthy eating habits in
children. These habits are likely to continue into
adulthood. It has been proven that advertisements
affect food choices at both brand and category
level i.e. a McDonald's burger advert is likely not
only to make a person more likely to buy a
branded McDonald's burger over another brand,
but also more likely to buy a burger per se.
Recent efforts have been made to restrict
television advertising of unhealthyfood to children.
These regulations acknowledge the particular
susceptibility of children to the influences of
advertising. However, there are currently no legal
limitations on non-broadcast marketing aimed at
children. This category includes marketing
through sponsorship, packaging, text messaging
and the internet. This is a growing form of
advertising aimed at children and its omission from
statutory regulation damages the effectiveness of
the system.
Since there is no evidence to suggest that non-
broadcast advertising marketing which targets
children is any less effective than broadcast, it is
inconsistent to regulate advertising of unhealthy
foods on television while ignoring non-broadcast
marketing aimed at children. Regulations
governing broadcast and non-broadcast
advertising of unhealthyfood to children must be
brought into line with each other. Both must reflect
the need to protect childrenfrom undue pressure
to choose unhealthyfood over healthy food.
Non-broadcast foodmarketing is currently subject
only to voluntary codes developed and enforced by
advertisers. These include the Committee of
Advertising Practice (CAP) code. There are
several criticisms of this self-regulatory regime:
It is primarily designed to ensure advertising is
"legal, decent, honest and truthful" and not to
protect and promote health.
The rules mostly cover only advertising in a
traditional, narrow sense and ignore the wider
range of techniques used to promote a product.
The wording is vague and inconsistent.
Enforcement is weak and retrospective and
there is little incentive to comply.
This report analyses legislation in Quebec and
Sweden that stops the television advertising of all
food to younger children. It suggests that a
number of legal devices used in their legislation
VIIProtecting childrenfromunhealthyfood marketing: Summary
could be helpful in the UK, especially the Quebec
grid that decides which advertisements should be
controlled. The report also considers if there are
useful legal precedents in UK legislation to control
tobacco marketing. The definition of 'advertising'
used in this legislation covers anything with the
purpose or effect of promoting a tobacco product,
which is helpful in covering the range of marketing
techniques outlined in this report.
This report therefore proposes a regulatory system
based on the principle that individuals and
organisations must not act in a way where the
purpose or effect is to promote an unhealthy food
product to individuals under the age of 16. This
should be a statutory system enshrined in law, not
a voluntary industry code. The proposed law
prohibits all marketing whose purpose or effect is
to promote unhealthyfood to children. This covers
not only traditional advertising methods but
anything that acts as advertising, such as
promotional websites, text messages, in-store
placements and so on.
The proposal would only apply to foods that are
classed as 'less healthy' by the Food Standards
Agency's nutrient profiling model. Less healthy
food promotions would then be assessed as to
whether they target children. Promotions would be
assessed as low, medium or high for two criteria.
The first is the extent to which the product targets
children. The second is the extent to which the
mechanism used to promote the product targets
children. Any promotion for an unhealthy food
product that is either highly targeted at children, or
a promotion which is medium highly targeted at
children would be restricted. Promotions assessed
as medium for both product and mechanism
criteria would also be restricted. This would mean
that no unhealthyfood product specifically aimed
at children could be promoted. The report sets out
definitions for the assessment of each criteria.
Finally, the proposal recommends that the system
is enforced by Trading Standards Officers with the
support of the Food Standards Agency. We do not
believe that an industry body, such as the
Advertising Standards Authority (ASA), should
have a role in its implementation.
Adopting this system, we believe, would have a
significant impact on protecting and improving the
health of children in the UK.
[...]... statement/statement.pdf Protectingchildrenfromunhealthyfood marketing: Diet-related diseases and unhealthyfoodmarketing 7 welcomed as a first step forward in both protecting this group from undue pressure to choose unhealthy food, and reducing the pester power experienced by parents and carers The restrictions are based on television viewers under the age of 16 and apply to unhealthy foods, showing the... of the state of diet-related ill-health among children described in this chapter there is ample evidence of the need for further action Protectingchildrenfromunhealthyfood marketing: Diet-related diseases and unhealthyfoodmarketing 9 3 Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say Food is promoted to children using an increasingly sophisticated array... regulating non-broadcast marketing inadequate to protect childrenProtectingchildrenfromunhealthyfood marketing: Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say 25 4 Models of good practice Lessons can be learnt from the successful regulation of tobacco marketing in the UK and from examples of marketing controls from abroad Across the globe there are many different... the money spent on food promotion Protectingchildrenfromunhealthyfood marketing: Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say 15 a food brand because they had seen it on-line or played a game about it, and over 20% go on-line to find out about their favourite foods and snacks.40 New media and websites are used to promote food to children in a wide... G, Stead M, McDermott L, et al Review of Research on the Effects of Food Promotion to Children Glasgow: University of Strathclyde Centre for Social Medicine, 2003 [www.foodstandards.gov.uk/healthiereating/promotion/ readreview] 64 www.mcdonalds.co.uk/?f=y Protectingchildrenfromunhealthyfood marketing: Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say 23 3.3.3... near the checkouts 55 www.ofcom.org.uk/consult/condocs/foodads_new/statement/ 56 CAP Code section 47.6 Protectingchildrenfromunhealthyfood marketing: Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say 21 With regard to the FDF's UK Food and Health Manifesto, Sustain wrote in 2005: "The FDF's Manifesto for Food and Health, published in September 2004, is another... consensus on how to control unhealthyfoodmarketing aimed at children We would welcome stakeholder testing of the model to establish if it is, as we believe it to be, a practical way for children to be protected fromunhealthyfoodmarketing We would also welcome suggestions for changes which would make the model both easier to implement and more effective in protectingchildren' s health A note on... October 2007 49 Financial Times, Advertising regulator to target internet, 3 July 2007 50 From the notes accompanying the new CAP Code: www.cap.org.uk/NR/rdonlyres/D1741109-7F81-45B5-B925963D86423219/0 /Food_ Soft_Drink_Kids_final.pdf Protectingchildrenfromunhealthyfood marketing: Non-broadcast unhealthyfoodmarketing - what the existing regulation does and does not say 19 Sponsorship Sponsorship... overweight or obese by 2050 The promotion of unhealthyfood has been shown to have a significant impact on children' s food choices The bombardment of messages promoting unhealthyfood has contributed to a shift in the balance of children' s diets and is damaging their health, often with life-long consequences Current government regulations on marketingunhealthy foods to children do not go far enough The Ofcom... advertising of unhealthyfood are welcome but exclude the television programmes most watched by children A 9pm watershed for unhealthyfood advertising on TV would address this More significantly, the Ofcom restrictions do not cover many other marketing techniques used to promote unhealthyfood to children, techniques which are being used more and more to increase the consumption of unhealthy foods If the . 33
IV
Contents
VProtecting children from unhealthy food marketing: Contents
5. How to protect children from non-broadcast marketing of unhealthy food . . of promoting food products such as
packaging.
4
5Protecting children from unhealthy food marketing: Diet-related diseases and unhealthy food marketing
Diet-related