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Table 3 Regulatory Substance - the scope of three legislative responses

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

Country Legislation Age protected Nutrient profile used Types of marketing, settings, media, and techniques covered
Chile [50,51,52, 65,66,67,68,69] Law No. 20.606 on the Nutrient Composition of Food and its Advertising amending Supreme Decree No. 977 of 1996, to amend the Food Sanitary Regulations
The law passed June 2012 (after five years of debate in Congress and the Senate)
Accompanying regulations (Decrees) design process from June 2012–June 2015
Commencement date: June 2016.
Up to 14 The nutrient profile model applied to packaged and non-packaged food and increased in scope in three increments (date of implementation of law; 24 months after implementation; 36 months after implementation.
Solid food
Energy kcal/100 g (350 > 300 > 275) Sodium mg/100 g (800 > 500 > 400) Total Sugars g/100 g (22.5 > 15 > 10) Saturated fat g/100 g (6 > 5 > 4)
Energy kcal/100 ml (100 > 80 > 70) Sodium mg/100 ml (100 > 100 > 100) Total Sugars g/100 ml (6 > 5 > 5) Saturated fat g/100 ml (3 > 3 > 3)
Includes television, radio, magazines, digital marketing, billboards, flyers, shop windows, food packages, and point-of-sale boards as well as preschools, elementary schools, and public spaces. Includes marketing techniques such as free food or toys, games, and prizes associated with food and beverage products.
Canada [57, 63, 70] Child Health Protection Bill (Bill S-228) amending the Food and Drug Act
Introduced in Senate 2016
Failed final assent in 2019
Up to 13 Added saturated fat - A total of 2 g saturated fatty acid (SFA) per reference amount (RA) or serving of stated size, whichever is the greater* and ≤ 15% energy from the SFA.
Added sodium - 140 mg per RA or serving of stated size whichever is the greater or 140 mg per 50 g of the product if the RA is ≤30 g or 30 mL
Sugar - 5 g per RA or serving of stated size whichever is the greater or 5 g per 50 g of the product if the RA is ≤30 g or 30 mL
The thresholds are equivalent to the “low in” thresholds for the nutrient content claims “low in saturated fat”, “low in sodium” and “low in sugars”.
All formats and media that are used to communicate or broadcast advertising, including radio and television; the internet; mobile phones; printed materials; promotional items; billboards, banners and posters. Also intended to be included in the definition were sponsorship, but not child sports sponsorship, and point-of-sale advertising [63].
UK [60,61,62, 71] Schedule 17 of Health and Care Bill amending Communications Act 2003
Government announced policy June 2018
Public consultation Jan 2019- Dec 2020
Introduced into parliamentary process – June 2021
Law passed April 2022.
The Food (Promotion and Placement) (England) Regulations 2021
Not relevant as legislation is not focused on marketing directed to children ‘Less healthy’ foods that meet a threshold of energy, saturated fat, total sugars and sodium (after consideration of the fruit, vegetable, nuts, fibre and protein components). Scores are allocated against a 10 point scale ranging from ≤335 - > 3350 kJ (energy); ≤ 1 g - > 10 g (sat fat); ≤ 4.5 - > 45 g (sugar); ≤ 90 - > 900 mg (sodium); ≤ 40 - > 80 (fruit, veg, nuts); ≤ 0.7 - > 3.5 g (NSP fibre); ≤ 0.9 - > 4.7 g (AOAC fibre); ≤ 1.6 - > 8.0 g (protein) Broadcast television and on-demand programmes,
Online advertising
Price and location promotions in retail settings
How the different marketing settings, media and techniques are regulated
Chile Broadcast television and cinema– All marketing of unhealthy food and beverages banned from 6 am to 10 pm.
All other advertising of unhealthy food and beverages must not be ‘targeted at children’.
- ‘self-identified’ as targeting children (such as advertising during children’s programming or a child’s event) or -- children under 14 make up more than 20% of the intended audience. Or - has child appealing characteristics including child characters; figures; animations; cartoons; toys; children’s music; the presence of people or animals; statements or arguments about the product or its effects; children’s voices; language; expressions; situations that represent their daily life for example school or games
Canada -Advertising placed in a setting intended for children or in a medium where children made up 15% of the audience. Also included were settings (places, events, or activities) where children are ‘generally or frequently in attendance’, with the nature and purpose of the event or activity to be considered.
-Advertising targeted or appealing to children through its design, characteristics or use of techniques such as: Child-appealing subjects or themes; wording, lettering, colours, special effects, 3D animation, music, songs or jingles; language; shape, colour, design; characters like heroes, cartoon characters and images, animals and imaginary, fantasy or virtual creature; Celebrity endorsements, tie-ins and cross-promotions; Situations that play on the parent-child relationship in an insistent or idealized manner; and Incentives or offers such as toys, prizes, giveaways, discounts, games etc. [63]
UK Broadcast and on-demand television: Full ban on all advertising of ‘less healthy’ food and drink between 5.30 am and 9 pm
Online: All paid for advertisements of ‘less healthy’ food and drink is banned, if advertisement payments are made from a person who carries on business in the UK and the advertisement is intended principally for a UK audience. ‘Paid for’ includes advertising where the payment is in the form of money or through other non-monetary benefits (e.g products given to an influencer in return for social media review or promotion)
Retail: Location restrictions apply to store entrances, aisle ends and checkouts and their online equivalents (entry pages, landing pages, checkout pages).Volume price restrictions prohibit offering promotions such as “buy-one-get-one-free” or “3 for 2” offers on certain products.