9. Advertising Aspects

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General Foods
EU

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

9.1 Applicable Advertising Regulation

In general, pre-packaged foodstuffs must comply with the rules on labeling, presentation and advertising of foodstuffs. These rules are harmonized at European Union (EU) level to enable European consumers to make informed choices and to remove obstacles to the free circulation of foodstuffs and unequal conditions of competition.

Regulation (EU) No 1169/2011 [1] includes fair information practices (Article 7) which apply to the advertising. It is prohibited to use information that would mislead the consumer in particular as to the characteristics of the food, food effects or properties, or attribute medicinal properties to foods. In addition, Directive 2006/114/EC [10] enunciates the conditions required for comparative advertising, and criteria for determining whether advertising is misleading. These rules do not apply to products intended for export outside the European Union (EU).

The self-regulatory codes of conduct developed by organizations like the European Advertising Standards Alliance (EASA) [2] and national advertising self-regulatory organizations provide guidelines for responsible advertising practices, including the promotion of food products. While specific guidelines may vary slightly between different organizations and jurisdictions, they generally include the following principles:

Truthfulness and Accuracy: Advertisements should be truthful, accurate, and not misleading to consumers. Claims made about food products, including their nutritional content, health benefits, and other attributes, should be supported by reliable evidence.

Social Responsibility: Advertisers should consider the potential impact of their advertisements on society, particularly in relation to public health. They should avoid promoting unhealthy eating habits or encouraging excessive consumption of snack foods, especially among children.

Respect for Consumers: Advertisements should respect the dignity and rights of consumers, including their right to make informed choices about the foods they consume. Advertisers should avoid exploiting consumers' vulnerabilities or using deceptive tactics to promote food products.

Clear and Transparent Communication: Advertisements should communicate clearly and transparently with consumers, using language and imagery that are easy to understand. Information about the nutritional content, ingredients, and potential health effects of food products should be presented in a clear and prominent manner.

Sensitivity to Cultural and Social Diversity: Advertisers should be sensitive to cultural and social diversity when creating advertisements for food products. They should avoid using stereotypes or discriminatory imagery that may offend or alienate certain groups within society.

Protection of Children: Advertisements for food products should take particular care to protect children from harm. Advertisers should avoid marketing snack foods in a way that could encourage unhealthy eating habits or contribute to childhood obesity.

Environment and Sustainability: Advertisers should consider the environmental impact of food production and consumption, promoting sustainable practices wherever possible. They should avoid making false or misleading claims about the environmental benefits of food products.

Compliance With Legal and Regulatory Requirements: Advertisers should ensure that their advertisements comply with all relevant laws, regulations, and industry standards governing the advertising of food products.

These are all covered fully in the Framework for Responsible Food and Beverage Marketing Communications [3].

The EASA closely monitors the debate on the EU Platform for Action on Diet, Physical Activity, and Health [4] which was established by the European Commission in 2005 to bring stakeholders together to make commitments to diet and nutrition. EASA also keeps an eye on the discussions of the World Health Organization on issues related to obesity, children, and the impact of marketing.

Additionally, the primary legislation governing advertising in the EU is the Audiovisual Media Services Directive (AVMSD) [6] which applies to audiovisual media services including television broadcasts, on-demand services, and video-sharing platforms. Several regulations and directives address specific aspects of food advertising, including claims made about nutritional content or health benefits.

The Digital Services Act (DSA) [7] is a new ruling and is aimed at regulating digital services, including online platforms and intermediaries. While the DSA primarily focuses on issues related to online content moderation, liability, and transparency, it may indirectly impact the advertising of food products, including snacks, that are promoted through digital channels.

9.2 Specific Restrictions on Advertising

The labeling, presentation or advertising of food must not mislead consumers. There are clear rules for authorized nutrition and health claims (such as ‘low fat’ or ‘high fiber’ or statements about a relationship between food and health) established by Regulation (EC) No 1924/2006 [8]. Such claims must be based on scientific evidence and can be found in a public EU Register of Health Claims.

Advertisers should exercise particular caution when marketing food products to children. While there are no specific EU-wide restrictions on advertising unhealthy foods to children, many member states have implemented their own regulations or voluntary codes of conduct to limit the marketing of foods high in fat, salt, or sugar (HFSS) to children.

In addition to the regulations governing nutrition and health claims, there are several other restrictions on the advertising of food products in the EU. These restrictions aim to protect consumers from misleading or harmful advertising practices and promote responsible marketing.

Misleading Advertising: Advertisements must not contain any information that is false or likely to mislead consumers, particularly regarding the nature, properties, or effects of the food product.

Comparative Advertising: Comparative advertising, where one product is compared to another, must be truthful, fair, and not misleading. It should not denigrate or unfairly discredit competitors' products.

Endorsements and Testimonials: Advertisements featuring endorsements or testimonials must clearly disclose any material connections between the endorser and the advertiser, ensuring transparency about any payments or incentives received.

Environmental Claims: Advertisements making environmental claims about food products must be accurate, verifiable, and not misleading. Greenwashing, or making false or exaggerated environmental claims, is prohibited.

These restrictions are designed to ensure that food advertising in the EU is honest, transparent, and socially responsible, protecting consumers and promoting fair competition in the marketplace. Advertisers must carefully consider these regulations when creating and disseminating advertisements for food products in the EU.

9.3 Advertising Approval

Overall, while there is no formal advertising approval process for food products in the EU, advertisers must ensure that their advertisements comply with relevant regulations and guidelines to avoid potential sanctions or penalties for non-compliance. This requires careful attention to legal requirements, industry standards, and the guidance of regulatory authorities. The EASA publish tri-annually the ‘Blue Book’ [9] which is a guide to the self-regulatory and legislative rules governing advertising across Europe.