Any advertising of foods is now banned at crèches, nurseries and kindergartens, regardless of which group is targeted with the advertising. Furthermore: no more food advertising aimed at children under 7 years. So no ads anymore for a tasty treat in Donald Duck magazine. But also in magazines and on TV / radio stations for adults still a significant limitation applies: when more than 25% of the audience are children under 7 years, advertising is also banned. How to prove? By generally accepted research in the market area. Who should prove? Yet the person who complains to the Advertising Code Committee . It is then up to the advertiser as a defence to provide the results of the research into the coverage of his advertising campaign. The enhanced code has come into effect under pressure from the Government, which threatened with legal prohibitions. The Consumer Association is opposed to the new code because the code should not be strict enough. For this reason the Consumers Association did not ratify the code. Nevertheless, the code became into effect, and it did so - retroactively - since February 1, 2010. On the other hand, a number of major food producers on the market voluntarily adopted a company policy: no advertising towards minors under 12 years old (unless the product is nutritionally sound). These companies are Coca Cola, Burger King, Nestlé, Mars, Kraft, Danone, Ferrero, Pepsico, Unilever, General Mills, Kellogg. The new code also implements the rules of the Claims Regulation. For the Dutch text please refer to www.reclamecode.nl (scroll down to page 100 to 104, unfortunately the Advertising Code Committee has no English text available yet). Ebba Hoogenraad
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
Any advertising of foods is now banned at crèches, nurseries and kindergartens, regardless of which group is targeted with the advertising. Furthermore: no more food advertising aimed at children under 7 years. So no ads anymore for a tasty treat in Donald Duck magazine. But also in magazines and on TV / radio stations for adults still a significant limitation applies: when more than 25% of the audience are children under 7 years, advertising is also banned. How to prove? By generally accepted research in the market area. Who should prove? Yet the person who complains to the Advertising Code Committee . It is then up to the advertiser as a defence to provide the results of the research into the coverage of his advertising campaign. The enhanced code has come into effect under pressure from the Government, which threatened with legal prohibitions. The Consumer Association is opposed to the new code because the code should not be strict enough. For this reason the Consumers Association did not ratify the code. Nevertheless, the code became into effect, and it did so - retroactively - since February 1, 2010. On the other hand, a number of major food producers on the market voluntarily adopted a company policy: no advertising towards minors under 12 years old (unless the product is nutritionally sound). These companies are Coca Cola, Burger King, Nestlé, Mars, Kraft, Danone, Ferrero, Pepsico, Unilever, General Mills, Kellogg. The new code also implements the rules of the Claims Regulation. For the Dutch text please refer to www.reclamecode.nl (scroll down to page 100 to 104, unfortunately the Advertising Code Committee has no English text available yet). Ebba Hoogenraad