Feature: European Update

Two big issues dominated the European marketing/legislative agenda as 2006 drew to a close. Firstly there was the advertising and promotion of food products to children, and secondly the subject fondly known as ‘TV Without Frontiers’. Each of these could have major long-term implications for the UK marketing communications industry.

WHO signs EU Charter on food ads

On 16 November 2006, the World Health Organisation signed an EU Charter to regulate food advertising to children. In relation to marketing communications the charter states: “ 1. Specific regulatory measures should include adoption of regulations to substantially reduce the extent and impact of commercial promotion of energy-dense food and beverages, particularly to children, with the development of international approaches such as a code on marketing to children in this area.” Translation: Chocs and colas beware! “ 2. The reduction of marketing pressure, particularly to children, should form part of a package of essential preventative actions, including a) the reduction of fat, b) the removal of (particularly added) sugars and salts in manufactured products, and c) adequate nutrition labelling.” Translation: Everyone beware!

Okay, I’m a being a bit flippant here, though I’m sure you’d agree the EU’s copywriting leaves a little to be desired. More seriously, the charter is of course well intentioned, and aims to create a Europe-wide framework for action to reverse the obesity epidemic by 2015, declaring that visible results should be achievable within the next 4/5 years in most countries.

WHO attaches particular importance to regulatory measures, calling for national regulation through legislative action. The charter mentions the principal role that the EU should play using EU-wide legislation and public health initiatives. There was some recognition of the role the industry can play in educating consumers as to healthier choices, and also to the potential economic opportunities for the private sector in investing in healthier options. WHO will develop the charter into a European Action Plan with specific action packages and monitoring mechanisms designed to stimulate regulatory action.

TV Without Frontiers

On 13th December 2006 the European Parliament voted first reading amendments and these were deemed to be good for the industry as a whole.

With regard to advertising, grounds were established in which Member States can block an incoming audiovisual media service. Ad breaks can be scheduled every 30 minutes, to a limit of 12 minutes of advertising in an hour. And for food and alcohol, the call for a pre-9pm ban for alcohol was rejected, and the committee’s recommendations for a ban on product placement were disregarded.

Softer rules were called for on the advertising of junk food, with the caveat that these could be backed by the introduction of various forms of self-regulation, such as industry codes of conduct. However, food advertising is being debated again as SP goes to press, under the aegis of the European Parliament’s Green paper on Diet and Nutrition. This will cover controls on TV advertising, self-regulatory commitments to end the promotion of foods high in fat, sugar and salt to children, and includes a call for legislation should self-regulation fail.

The proposed bill will also cover wider communication, including SMS messaging, on-line activity and sponsorships. Along with nutrient profiles, it asks for product messages to include health and recreation information.

The Common Position should be agreed in May, with The Directive adopted at the end of 2007. Transposition into law follows 18 months to two years later. At the moment it’s a case of ‘watch this space’, though one must imagine that any company worth its salt (so to speak) will already be implementing programmes which anticipate likely changes along the lines which are being discussed.