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Appendix MFood and beverage code

1. Preamble
 
1.1
Food and beverage advertising to children should not bring ad-vertising into disrepute or reduce confidence in advertising as a service to the industry and to the public.
 
2. Scope
 
2.1
This code is intended to regulate the advertising of food and beverage products in general, and in particular advertising of such products to children.
 
2.2
This Code is not intended to duplicate or be a substitute for any regulations effecting the labelling and advertising of products relating to health and nutrition.
 
3. Interpretation
 
3.1
Nutrition information and claims should be judged by the likely perception of the reasonable person at whom the advertising is directed or who is likely to be exposed to advertising.
 
4. Legality
 
4.1
Food and beverage advertising should adhere to all legal requirements.
 
5. Honesty
 
5.1
Food and beverage advertising should not be so framed as to abuse the trust of consumers at whom it is directed or who are likely to be exposed to it, or exploit their lack of experience or knowledge or their credulity.
 
6. Responsibility
 
6.1
Food and beverage advertising, including promotions, should not encourage poor nutritional habits or an unhealthy lifestyle in children, or encourage or condone excess consumption.
 
6.2
Portion sizes featured in food and beverage advertising should not be excessive or more than would be reasonable to consume by a person of the age depicted.
 
7. Misleading
 
7.1
Presentations in advertising for food and beverage products should accurately represent the material characteristics of the product featured, in particular, but not exclusively, with regard to taste, size, nutritional content, health benefits, nature, composition, method and date of manufacture, range of use, efficiency and performance, quantity, commercial or geographical origin or environmental impact.
 
8. Social values
 
8.1
As it is recognised that children of twelve years old and under are impressionable, food and beverage advertising should not mislead children about product benefits from use of the product. Such benefits include, but are not limited to, the acquisition of strength, status, popularity, growth, proficiency and intelligence.
 
8.2
Food and beverage product advertising should not undermine the role of parents or others responsible for a child's welfare in guiding diet and lifestyle choices.
 
8.3
Food and beverage product advertising should not directly ap-peal to children of twelve years old and under to persuade their parents or others to buy advertised products for them; or suggest any negative consequences of not purchasing the product.
 
9. Product endorsement
 
9.1
Advertisers promoting food and beverage products that do not represent healthy dietary choices and a healthy lifestyle, consistent with established scientific standards acceptable in terms of Section II, Clause 4.1 of the Code of Advertising Practice, shall not use celebrities or characters licensed from third-parties (such as cartoon characters) in television advertisements targeted at children of twelve years old and under.
 
9.2
Clause 9.1 does not apply to company-owned characters.
 
9.3
Clause 9.1 does not apply to the use of characters on packaging, provided that the packaging does not appear in television advertising directed at children of twelve years old and under.
 
10. Inexperience and credulity
 
10.1
Advertising directed towards children of twelve years old and under for food and beverage products should not create a sense of urgency.
 
10.2
Subject to the provisions of clause 9 dealing with product endorsement, it is recognised that fantasy, including animation, may be appropriate in communication with children.
 
10.3
Care should, however, be taken not to exploit the imagination of a child of twelve years old and under in a way that could create expectations of unattainable product benefits or exploit a child of twelve years old and under difficulty in distinguishing between real benefits and fanciful benefits
 
11. Substantiation

11.1
All claims, including nutritional information and claims about nutrition and health benefits, should be substantiated in accordance with Clause 4.1 of Section II.
 
11.2
Claims about nutrition and health benefits should be conveyed in a manner easily understood by the reasonable consumer.
 
11.3
Nutritional or health claims in television advertisements targeted at children of twelve years old and under, may not be made in respect of products that do not represent healthy dietary choices and a healthy lifestyle, consistent with established scientific standards acceptable in terms of Section II, Clause 4.1.
 
12. Disclaimers
 
12.1
All disclaimers targeted at children of twelve years old and under should be understandable to them, taking into account their limited vocabularies and level of language skills.
 
13. Testimonials
 
13.1
Testimonials should not contain any claim or implication to efficacy which is not substantiated in accordance with Section II, Clause 4.1.
 
14. Marketing promotions

14.1
Food and beverage products that do not represent healthy dietary choices and a healthy lifestyle, consistent with established scien-tific standards acceptable in terms of Section II, Clause 4.1 should not use promotional activity in television advertisements primarily targeted at children of twelve years old and under.
 
14.2
Whenever promotions are used the means of entry, the products to be purchased, if any, and the conditions of the promotion, should be clearly communicated.
 
14.3
Advertising targeted at children of twelve years old and under should clearly communicate the likelihood of winning in wording readily understandable to them.
 
14.4
The prize(s) and the number of prizes should be clearly communicated.
 
14.5
All prizes should be appropriate to the child audience.
 
15. Marketing communications on pre-school and primary school premises
15.1
Food and beverage products that do not represent healthy dietary choices and a healthy lifestyle, consistent with established scientific standards acceptable in terms of Section II, Clause 4.1, shall not advertise on, or in close proximity to, pre-school and primary school premises.
 
15.2
Food and beverage products that do not represent healthy dietary choices and a healthy lifestyle, consistent with established scientific standards acceptable in terms of Section II, Clause 4.1, shall not use any form of promotional activity, such as free gifts, on pre-school and primary school premises.
 

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