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

Marketing communications for food products should be in compliance with the relevant EU and national legislation.

The main EU law reference to be taken into account is Regulation (EC) 1924/2006 [1] on nutrition and health claims made on foods which fully applies to nutrition and health claims made in commercial communications, whether in the labeling, presentation, or advertising of foods to be delivered as such to the final consumer (see Section 5 for details on Claims).

The general principles on fair information practices set by Article 7 of Regulation (EU) 1169/2011 [2] on the provision of food information to consumers as well as the rules on voluntary information set by Article 26 are also applicable to advertising. Furthermore, Directive 2006/114/EC [3] enunciates the conditions required for comparative advertising and criteria for determining whether advertising is misleading.

In addition, a series of European consumer protection measures have been transposed at the national level (e.g. consumer codes) and are also relevant.

Finally, other specific national provisions and guidelines/rules set by advertising self-regulation national authorities or antitrust authorities may be relevant depending on the target market:

The self-regulatory codes of conduct developed by organizations like the European Advertising Standards Alliance (EASA) [4] 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 [5].

The EASA closely monitors the debate on the EU Platform for Action on Diet, Physical Activity, and Health [6] 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 [7] 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) [8] 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) [9] 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.

Sanctions rules and controls are made by national competent authorities.

9.2 Specific Restrictions on Advertising

Article 16 of the General Food Law Regulation (Regulation (EC) No 178/2002) [10] specifies that labeling, advertising, and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers.

The whole EU law aims at the protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume.

It also aims at the prevention of fraudulent or deceptive practices, the adulteration of food, and any other practices that may mislead consumers.

In this context, Regulation (EU) No 1169/2011 [2] lays down provisions on fair information practices. Food information shall not mislead the public, particularly:

Food information shall be accurate, clear, and easy for the consumer to understand and, subject to derogations provided for by Union law applicable to specific food categories, food information shall not attribute to any food the property of preventing, treating, or curing a human disease, nor refer to such properties.

Restrictions on claims, already specified in Section 5 of this guidebook, are also applicable to commercial communications.

9.3 Advertising Approval

There is no specific EU authority in charge of controls of advertising. While EU law principles are fully applicable, the enforcement of controls and fines is carried out by national competent authorities. Therefore, it is crucial to review advertising proposals on a country-by-country basis, as local interpretations and actions may vary across different countries.