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MARKETING FUNCTIONAL FOOD
TO CHILDREN WITHIN THE EU
RESTRICTIONS & POSSIBILITIES
VitaFoods
Geneva, 11 May 2016
Life Stages...
Agenda
• Learning the WHO recommendations on the marketing of foods and
non-alcoholic beverages to children
• Possibilitie...
Introduction
Axon Lawyers
3
• Amsterdam based law firm with international focus
• Fully dedicated to life sciences, famili...
WHO recommendations (1)
4
Rationale recommendations 2010
• NCD’s represent a threat to human health and
socioeconomic deve...
WHO recommendations (2)
5
Purpose of Recommendations
• Promote responsible marketing of foods and non-alcoholic beverages ...
WHO recommendations (3)
6
Selection of Recommendations
# 2 Reduction of exposure of children to and power of marketing of ...
Possibilities & restrictions in the EU (1)
7
Regulation (1169/2011) on Food Information to Consumers
Food information
• sh...
Possibilities & restrictions in the EU (2)
8
Claims Regulation 1924/2006 distinguishes between:
• general claims;
• diseas...
Possibilities & restrictions in the EU (2)
9
How to properly apply health claims targeted at children?
Obviously, this is ...
Possibilities & restrictions in the EU (3)
10
How about the marketing of this US product for bone and brain support?
Possibilities & restrictions in the EU (4)
11
Examples of claims & conditions of use
claim
“Calcium and vitamin D are need...
12
Possibilities & restrictions in the EU (5)
13
Examples of claims & conditions of use – continued
claim
“Iron contributes t...
14
Possibilities & restrictions in the EU (6)
15
Examples of claims & conditions of use – continued
claim
“Phosphorus is need...
16
Possibilities & restrictions in the EU (7)
17
Food for Special Groups Regulation (609/2013) as per 20 July 2016
• general ...
Possibilities & restrictions in the EU (8)
18
Additional requirements for infant and follow-on formula
• Labelling, presen...
National self-regulatory practises (1)
19
The Dutch Advertising Authority
• Private body created in the ‘60-ies by adverti...
National self-regulatory practises (2)
20
International context
• Dutch Advertising Authority member of the European Adver...
National self-regulatory practises (3)
21
Product / audience specific satellite codes:
• Food products
• Tobacco products
...
National self-regulatory practises (4)
22
Advertising Code for Children
• Advertising targeted at children should not be m...
National self-regulatory practises (5)
23
Advertising Code for Food Products
Not allowed: No advertising of food products ...
National self-regulatory practises (6)
24
Advertising Code Committee 3 July 2014
Supermarket vouchers for Dutch treats
• T...
National self-regulatory
practises (7)
25
Is self-regulation effective enough?
YES
• Dutch Federation of Food Industry (FN...
National self-regulatory practises (8)
26
ASA Ruling on Nestlé UK Ltd 23 December 2015
Nesquick bunny
• Ad on ASDA’s own b...
C Take home
27
A
• Health claims in the EU have a specific legal regime.
• Nutrient requirements for EU health claims are ...
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Vitafoods marketing functional food to children

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Presentation Vitafoods Europe 2016 marketing functional food to children

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Vitafoods marketing functional food to children

  1. 1. MARKETING FUNCTIONAL FOOD TO CHILDREN WITHIN THE EU RESTRICTIONS & POSSIBILITIES VitaFoods Geneva, 11 May 2016 Life Stages Theatre 16.15 PM Karin Verzijden www.axonlawyers.com
  2. 2. Agenda • Learning the WHO recommendations on the marketing of foods and non-alcoholic beverages to children • Possibilities and restrictions from an EU perspective • National self-regulatory practises for advertising at children and minors in the NL and other EU Member States 2
  3. 3. Introduction Axon Lawyers 3 • Amsterdam based law firm with international focus • Fully dedicated to life sciences, familiar with food business • Assisting high tech companies bringing innovative food products to the market • International network through European Alliance of Life Sciences Law Firms • Reporting current food law developments at blog FoodHealthLegal
  4. 4. WHO recommendations (1) 4 Rationale recommendations 2010 • NCD’s represent a threat to human health and socioeconomic development. • Unhealthy diet is a key modifiable risk factor for NCD’s. • 2010: 42 million children < 5 overweight / obese. • Risks of hypertension, insulin resistance and adult obesity. • Heavy marketing of products high in fat, salt or sugar challenge efforts to eat healthily – thus…..
  5. 5. WHO recommendations (2) 5 Purpose of Recommendations • Promote responsible marketing of foods and non-alcoholic beverages to children and thereby • Reduce impact of foods high in saturated fats, transfatty acids, free sugars or salt. • Guide efforts of Member States in designing new and/or strenghtening existing policies on food marketing to children 2012: WHO follow-up by framework for implementation
  6. 6. WHO recommendations (3) 6 Selection of Recommendations # 2 Reduction of exposure of children to and power of marketing of foods high in saturated fats, transfatty acids, free sugars or salt. # 5 Settings where children gather should be free from all forms of marketing of foods indicated under # 2. # 12 Member States are encouraged to identify existing information on the extent, nature and effects of food marketing to children
  7. 7. Possibilities & restrictions in the EU (1) 7 Regulation (1169/2011) on Food Information to Consumers Food information • shall not be misleading; • shall be accurate, clear and easy to understand for the consumer; • shall not attribute to any food the property of preventing, treating or curing a human disease.
  8. 8. Possibilities & restrictions in the EU (2) 8 Claims Regulation 1924/2006 distinguishes between: • general claims; • disease risk reduction claims; • claims referring to children’s development & health. So far, 11 authorized claims aimed at children’s health regarding • DHA (3) • ALA & LA (1) • Calcium and/or Vitamin D (3) • Phosphorus (1) • Iodine (1) • Iron (1) • Protein (1)
  9. 9. Possibilities & restrictions in the EU (2) 9 How to properly apply health claims targeted at children? Obviously, this is not the way!
  10. 10. Possibilities & restrictions in the EU (3) 10 How about the marketing of this US product for bone and brain support?
  11. 11. Possibilities & restrictions in the EU (4) 11 Examples of claims & conditions of use claim “Calcium and vitamin D are needed for normal growth and development of bone in children” conditions of use Product at stake should at least contain • 0,75 μg vitamin D and 120 mg calcium > food products RI vitamin D: 5 μg RI calcium: 800 mg significant amount > 15 % for food
  12. 12. 12
  13. 13. Possibilities & restrictions in the EU (5) 13 Examples of claims & conditions of use – continued claim “Iron contributes to normal cognitive development of children” condition of use product at stake should at least contain • 1,05 mg iron > beverages RI iron = 14 mg significant amount > 7.5% for beverages
  14. 14. 14
  15. 15. Possibilities & restrictions in the EU (6) 15 Examples of claims & conditions of use – continued claim “Phosphorus is needed for the normal growth and development of bone in children” condition of use Product at stake should at least contain • 105 mg phosphorus > food products RI phosphorus = 700 mg significant amount > 15 % for food
  16. 16. 16
  17. 17. Possibilities & restrictions in the EU (7) 17 Food for Special Groups Regulation (609/2013) as per 20 July 2016 • general requirements on allowed substances > Union List • additional requirements for infant and follow-on formula Infant: child < 12 months Infant formula: food intended for use by infants satisfying all nutritional requirements until introduction of appropriate complementary feeding Follow-on formula: food intended for use by infants upon introduction of appropriate complementary feeding, constituting the principal liquid element in a progressively diversified diet.
  18. 18. Possibilities & restrictions in the EU (8) 18 Additional requirements for infant and follow-on formula • Labelling, presentation and advertising shall be designed so as not to discourage breast feeding. • Labelling, presentation and advertising shall not include pictures of infants (or other images) which may idealise such formulae. • However, graphic representation for easy identification of these products and for illustrating methods of preparation are permitted. • Not easy to combine these requirements!
  19. 19. National self-regulatory practises (1) 19 The Dutch Advertising Authority • Private body created in the ‘60-ies by advertising industry (Cf. Deutsche Werberat in Germany or Advertising Standards Authority in UK). • Promotes sensible and responsible advertising in the NL, so that consumers can trust commercials and keep on trusting them. • Offers a toolkit putting this to practice for various fields including food. • Handles complaints from companies and consumers at 2 levels: (1) Advertising Code Committee (2) Board of Appeal - no exclusion of other legal means.
  20. 20. National self-regulatory practises (2) 20 International context • Dutch Advertising Authority member of the European Advertising Standards Alliance, just like many other EU self-regulatory bodies. “We love advertising so much, sometimes we have to restrain it” Financing • Contributions made by organisations committing to Advertising Code. • 0,025 % of media budget > 1 € million with maximum of € 30K. Enforcement • Recommendation not legally enforceable, but in practise usually (96%) applied. • Compliance dept. communicates with Authority for Consumers & Markets based on cooperation protocol.
  21. 21. National self-regulatory practises (3) 21 Product / audience specific satellite codes: • Food products • Tobacco products • Alcoholic beverages • Children specific Dutch Advertising Code Food Alcohol Children Tobacco
  22. 22. National self-regulatory practises (4) 22 Advertising Code for Children • Advertising targeted at children should not be misleading • To protect children from physical / moral harm, advertising should not • Push them to by any product by taking advantage of their inexperience and gullibility • Directly push their parents to buy a specific product • Take advantage of the confidence children have in parents & teachers • Show children in dangerous situations
  23. 23. National self-regulatory practises (5) 23 Advertising Code for Food Products Not allowed: No advertising of food products for children < 12 • in media generally targeted at < 12 years. • using children’s idols. • in schools (including sampling) Allowed: advertising of food products for children < 12 • in cooperation with public authorities • on POS materials and packaging • advertising targeted at children between 7 - 12 years meeting certain nutritional criteria and portion sizes
  24. 24. National self-regulatory practises (6) 24 Advertising Code Committee 3 July 2014 Supermarket vouchers for Dutch treats • Teacher distributes vouchers for millefeuilles and ice cream during Dutch King’s Day (27 April). • Violation of Children’s Advertising Code and of Advertising Code for Food Pr Products: • abuse of confidence inspired by teacher. • sampling of food products not allowed in school. NB Sponsoring under certain conditions allowed based on private – public partnership.
  25. 25. National self-regulatory practises (7) 25 Is self-regulation effective enough? YES • Dutch Federation of Food Industry (FNLI) considers it is. • Age limit for prohibition of food marketing was raised from 7 12 • Do not just protect children, but also teach them to navigate in real life. NO • Counter-initiatives by organisations like Foodwatch (also active in UK and in France). • Example: Alliance Stop Children Marketing fights marketing for unhealthy products aimed at children. • City of Amsterdam (1/5 children overweight) joined this Alliance on 1 October 2015.
  26. 26. National self-regulatory practises (8) 26 ASA Ruling on Nestlé UK Ltd 23 December 2015 Nesquick bunny • Ad on ASDA’s own brand milk labels featured Nesquick bunny stearing cup of hot choclate. • Text included: For a great start to the day! Nutri-start Vit D Zinc Iron complementing milk. • Children’s Food Campaign challenged i.a. that combination of bunny + claim encouraged poor nutritional habits in children. • ASA perceived claim as referring to general health benefit > only allowed if combined with specific health claim. • Claims upheld, now that product high in added sugar was promoted as suitable breakfast option.
  27. 27. C Take home 27 A • Health claims in the EU have a specific legal regime. • Nutrient requirements for EU health claims are strictly regulated. Contrary to DRR claims, children specific claims do not allow flexibility. • In addition to EU legal and regulatory requirements, self-regulation plays important role in several Member States. These offer both restrictions & opportunities.

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