6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
Vitafoods marketing functional food to children
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. 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. 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. 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. 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. 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. 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. 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. Possibilities & restrictions in the EU (2)
9
How to properly apply health claims targeted at children?
Obviously, this is not the way!
10. Possibilities & restrictions in the EU (3)
10
How about the marketing of this US product for bone and brain support?
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
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
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
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
Editor's Notes
Recommendations build on WHO Global Strategy on Diet, Physical Activity and Health, endorsed by the 57th Assembly in 2004.
Approaches to ensure that private sector markets its products responsibly differ per MS, ranging from
statutory prohibitions on TV ads for children or predefined foods to
Voluntary codes by certain sections of the food and advertising industry
Ad # 2: Effectiveness of marketing communications depends on (1) the media in which the communication appears and (2) its creative content. Media define the reach, frequency and impact of the message (= exposure), whereas its creative content is defned by its design and the execution thereof (= power).
Ad # 5 Settings include schools, nurseries, playgrounds, child clinics and paediatric services. These are privileged places where the children’s wellbeing should not be prejudiced, especially as they are in such formative age.
Ad # 12 Increase of data on food marketing to children could enhance understanding thereof. Currently available info mostly comes from high-income countries. Many Member States do not have data that enable them to identify extent, nature and effects of food marketing to children
7.1 misleading
as to the characteristics of the food, its properties, composition etc.
By attributing to the food specific properties it does not possess.
By suggesting the food possesses certain characteristics, where in fact all similar products possess such characteristics
43 voluntary measures come in addition to RI’s contained in Annex XIII FIC Regulation
NB! KOAG KAG laat geen alternatieve bewoordingen toe voor de claim mbt Calcium en Vitamine D.
Vitamin D
1 IU (international unit) = 0,025 microgram for vitamin D (cholecalciferol D3 and ergocalciferol D2)
600 IU = 15 microgram > tick the box
Calciium
EU RI = 120 mg > 100 mg not enough to make this health claim
NB! Geen alternatieve bewoordingen toegelaten door KOAG KAG
Requirements for iron in drinks = 1.05 mg > met for 100 ml and per serving
NB Geen alternatieve bewoordingen toegelaten door KOAG KAG
Phosphor – not clear what 2 % relates to. Anyway
2 % of 70 g serving size = 1,4 g
2 % of RI (700 mg) = 14 mg
Is not significant amount
Allowed substances: vitamins, minerals, amino acids i.a.
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.
Requirements contained in art. 10 Reg. 609/2013.
The advertiser are; advertisers, commercial producers and the media. They created the central code (Nederlandse Reclame Code) to ensure a quick response to non compliant behavior regarding commercials. This way reducing the need of the legislator to increase the regulations on commercials and keeping as much freedom as possible.
De Reclame Code Commissie is samengesteld uit vertegenwoordigers uit de volgende vijf sectoren:
een lid van de BVA (Bond van Adverteerders).
een lid van de Consumentenbond.
een lid van de aan de Stichting Reclame Code deelnemende media.
een lid van de VEA (vereniging van communicatie-adviesbureaus).
een voorzitter, aangewezen door de Stichting Reclame Code.
Indien iemand meent dat een bepaalde reclame-uiting in strijd is met de wet kan men, in plaats van bij de RCC, ook bij een rechtbank een civiel- of strafrechtelijke procedure starten.
Financiering: bijdragen van adverterende bedrijven > 1 mio € aan advertentiebudget
Autoriteit Consument & Markt = Authority for Consumers & Markets > toezicht op eerlijke concurrentie tussen bedrijven + bescherming consumentenbelangen
NB ACM = Nma + OPTA + Consumentenautoriteit
2015: 7 case on non-compliance published
Misleading relates to character of the product and should take into account children’s cognitive capacities
Volgens algemeen in de markt geaccepteerde bereiksonderzoek wordt bepaald dat media zich specifiek richten op kinderen tot en met 12 jaar.
NB Klacht was niet gebaseerd op art. 12 RVV dat verbod op sampling op scholen bevat. Code Cie betrekt dit artikel daarom formeel niet in haar beslissing.
NB in 2014 werd Koningsdag op 26 april gevierd want het viel op een zondag
Background:
Sustain: The alliance for better food and farming advocates food and agriculture policies and practices that enhance the health and welfare of people and animals, improve the working and living environment, enrich society and culture and promote equity.
ASDA sells online groceries
Defense Nestle:
claim was positioned on family-sized bottle of milk. > product should be consumed over a number of days instead of in excess.
Bunny was designed to convey a physically active, energetic character who could promote a health lifestyle.
Marketing was targeted to adults purchasing the product rather than at children (whom could hardly see product when milk sat on supermarket shelf)
ASA evalution
Violation of CAP code
Rule 15.2: References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a specific authorised health claim.
Rule 15.11: Marketing communications must not condone or encourage poor nutritional habits or an unhealthy lifestyle in children.