The Australian Food and Grocery Council (AFGC) recently released a Responsible Children’s Marketing Initiative in response to “community
concerns about food and beverage advertising during children’s television programs.” AFGC developed the initiative after the Australian Communications and Media Authority (ACMA) published its draft Children’s Television Standards 2008, which did not recommend further government regulation of food and beverage advertising. In agreement with these preliminary findings, AFGC nevertheless stated that industry “is still keen to address community concerns regarding advertising to children.”

The initiative covers advertising on free-to-air television, pay television and the Internet; the use of licensed characters; and promotions in children’s publications. Companies that publicly commit to the program must institute an action plan focused on six core areas: (i) advertising messaging; (ii) the use of popular personalities and licensed characters; (iii) product placement; (iv) the use of products in interactive games; (v) advertising in schools; and (vi) the use of premium offers. In particular, the marketing code calls on signatories to refrain from advertising products to children under 12 unless “those products represent healthy dietary choices, consistent with established scientific Australian government standards” and the “communication activities reference, or are in the context of, a healthy lifestyle, designed to appeal to the intended audience through messaging that encourages good dietary habits, consistent with established scientific
or government criteria, [and] physical activity.” Created in collaboration with the Australian Association of National Advertisers (AANA), the
initiative also requires participants to abide by the AANA Code for Advertising & Marketing Communications to Children; the AANA Food &
Beverages Advertising & Marketing Communications Code; and the AANA Code of Ethics. “It will be the community’s expectation that the scheme will be overseen by an independent arbitrator, to whom perceived breaches can be reported and who can take action to rectify violations; this is also industry’s view,” stated Chief Executive Kate Carnell in an October 24, 2008, AFGC press release.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close