Feature: Thinking Celebrity? Think Twice!

Not a minute too soon for a nation obsessed with its fourteen-stone eight-year-olds (or is that just the media?), Ofcom has made its pronouncement on HFSS products – those high in fat, salt or sugar. Ostensibly aimed at tv advertising, stringent new rules will impinge upon all areas of marketing communications. Sales promotion is no exception.

Ofcom’s actions come hot on the heels of the WHO Strategy Paper on Obesity, which asks for limitations on the ‘marketing pressure’ of HFSS product communications, on both children and adults. Ofcom has concentrated on children under the age of 16, and upon all foods and soft drinks found to be high in fat, salt or sugar according to the FSA nutritional profile system.

New content rules will take immediate effect. Banned will be the use of celebrities, characters, promotional offers and health claims in HFSS product ads aimed at primary school children or younger. This applies irrespective of scheduling. The only caveat is for existing campaigns (or those in the final stages of production) – they may be broadcast until the end of June 2007.

Next in the firing line will be the scheduling of HFSS product ads. From 1st April 2007 these will not be permitted in or around programmes made specifically for children, or likewise for programmes that are likely to be of particular appeal to children aged 4-9. (‘Owning’ a 2½-year-old who recently demanded a well-known brand of sugar confectionery for breakfast – never known to have been in the home – I wonder where she fits in!)

From 1st January 2008, the same guidelines will extend to children up to age 15. Children’s tv channels will be allowed a graduated phase-in period with full implementation required by the end of December 2008. All restrictions on product advertising apply equally to sponsorship. Ofcom will review the effectiveness and the scope of the new restrictions in the Autumn of 2008, one year after full implementation of new content rules.

And other news in brief…

On 9th February an informal Council meeting was held on the AVMS Directive. Four issues were discussed: 1) Product Placement, 2) Country of Origin, 3) Media Literacy and 4) Accessibility by aurally/visually impaired. Discussions and outcomes will be finalised in May.

A Green Paper was published earlier this month that dealt with the review of consumer contract law. The paper currently deals with 8 directives: 1) Package travel, 2) Unfair contract terms, 3) Distance selling, 4) Door-drop selling, 5) Timeshare, 6) Unit pricing, 7) Injunctions and 8) Sale of consumer goods and guarantees.

The aim is to attain equivalent rights and remedies for all European consumers. However, the EU is short of a solid legal basis for meaningful action, so whilst stricter national rules will be possible, they cannot be imposed on businesses established in other Member States in a way that would create unjustified restrictions on the free movement of goods/services.

The EU Commission have just presented a Communication with plans for a comprehensive new strategy to reduce CO2 emissions from new cars and vans sold in the EU. Manufacturers will be invited to sign an EU code to promote more sustainable consumption patterns, by encouraging the car industry to compete on the basis of fuel efficiency rather than size and power. Car manufacturers will be asked to sign up by mid-2007.