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Table 1 Framework describing best practice technical design and governance of food marketing laws

From: Designing legislative responses to restrict children’s exposure to unhealthy food and non-alcoholic beverage marketing: a case study analysis of Chile, Canada and the United Kingdom

Domain Element Best practice for technical aspects Best practice for governance
Regulatory Form
The style of regulatory type and mechanism adopted
Regulatory approach Legislative ban on marketing practices in scope (not industry-led codes) [11, 28, 48] A government agency is given the authority to lead the legislative process.
Legislative vehicle A legislative vehicle that gives appropriate powers for implementation including enforcement mechanisms. Either a new law or amending existing legislation. The lead government agency has the jurisdiction to govern the legislative vehicle.
Legislative objectives/Purpose Clear, measurable objectives against which the success of regulation can be assessed.
With the primary objective to reduce exposure and power of unhealthy food marketing [8, 45]
Government agency sets the objectives it aims to meet with the policy design. Success of meeting objectives assessed by independent body [18].
Regulatory Substance
The design of the substantive content of the law and accompanying regulations
Definition of children Up to the age of 18 (unless age of majority reached earlier) [9] Multi-sectoral consultation regarding legal design across multiple areas of government impacted by legislation (e.g. education, communications, trade)
Transparent interaction between the government and external actors regarding scope of the law. Appropriate management of conflicts of interest [18, 45].
Definition of marketing A broad definition of marketing, such as any form of commercial communication of messages. Intention should be to cover the wide breadth of marketing strategies, including, but not limited to, advertising (online, broadcast, print media), sponsorship, direct marketing (e.g. mail, text), point of sale techniques, product packaging/design and placement and brand marketing [8, 45].
Media, settings and marketing techniques in scope All media, settings and techniques where children are exposed to unhealthy food marketing, such as broadcast, online, retail, public spaces and settings, as well as all child-directed marketing techniques and settings [8, 45]
Marketing types in scope All marketing that children are likely to be exposed to or that has the effect of influencing children’s diets (not limited to marketing that is intended for children) [46]
Food classification system to determine what is ‘not permitted’ to be marketed Informed by evidence-base of foods and non-alcoholic beverages that are considered to be harmful to health and/or aligned with national dietary guidelines [8, 45]
Implementation
Considerations for implementation design
Monitoring Clear and appropriately resourced government-led monitoring system in place free of conflicts of interest [18] Jurisdictional mandate given to agencies responsible for monitoring
Enforcement A wide range of appropriate penalties [18].
Liability - Advertisers (may also consider other entities across marketing chain such as broadcasters, on-demand platforms or social media entities)
Jurisdictional mandate given to implementers to use enforcement mechanisms
Ensure domestic legal jurisdiction to hold ‘person’ liable
Evaluation Codify periodic evaluation of law into legislation [18]. Independent institution to carry out the evaluation [18]
Structured, regular review ensures regulation meeting its objectives. A review framework set during development includes baseline data and, performance indicators and timeframes to evaluate effectiveness [18, 44].