Download "Advertising of “junk food” in European and national law"
 

A new report just published by the World Obesity Foundation warns that more than 220m children will be obese by 2040 without drastic action. High time to look at what Europe is doing to counteract this trend.  The European Audiovisual Observatory, part of the Council of Europe in Strasbourg, has just announced the publication of its latest note, Advertising of 'Junk Food' in European and National Law: Focus on Self-Regulation. This note focuses on how European and national legal frameworks refer to the use of self-regulation to address one of today’s most pressing public health challenges: the omnipresent advertising of foods high in fat, sugar, and/or salt (HFSS) – colloquially known as ‘junk food’. This regulatory challenge is closely linked to safeguarding children in both traditional and digital media environments.

The analysis, written by Observatory legal analyst Eric Munch, reflects a context of an ever-evolving media backdrop and rising childhood obesity rates in Europe and worldwide. The note reveals that while the Audiovisual Media Services Directive (AVMSD) charts a path, the real-world implementation is diverse and complex across Europe.

Chapter One: Setting the Scene

The note opens by providing a snapshot of the wider landscape in which advertising regulations operate. It explores what is technically meant by ‘HFSS foods and beverages’ and vividly illustrates their particular attraction to, and impact on, minors. The author references international standards such as the UN Convention on the Rights of the Child and the latest WHO guidance in terms of nutrition. This chapter underscores the evidence linking the marketing of ultra-processed foods to the global rise in childhood obesity and non-communicable diseases. Effective rules for audiovisual commercial communication (ACC) in protecting vulnerable audiences are highlighted as being of critical importance to public health. 

Munch also clarifies how EU law, through the AVMSD, obliges member states to encourage co-regulation and self-regulation, particularly via Articles 9(4) and 28b(2). These articles invite the creation of national codes of conduct aiming at tempering the positive portrayal of HFSS foods and at sheltering children from undue exposure.  Notably, unlike tobacco or prescription medicines, HFSS advertising is not subject to outright bans at EU level: responsibility for restrictions and proactive measures largely falls to national legislators and regulatory bodies.

Chapter Two: HFSS Rules in National Media Legislation Across Europe

Moving from theory to practice, Chapter Two explores how various countries interpret and enact these obligations. The note details a remarkable diversity of approaches:

• Some countries directly mandate media service providers to develop and adhere to self-regulatory codes of conduct restricting HFSS advertising around children’s programming. Enforcement mechanisms range from fines to mandatory compliance deadlines.
• Several EU member states specifically point to self-regulatory organisations, for the design and monitoring of advertising standards for food and beverages across broadcast and online platforms, with a unified treatment for both linear and non-linear providers.
• Others, including Ireland, have endowed national regulatory authorities with oversight, resulting in standards such as prohibiting HFSS advertising around children’s content or the use of child-friendly characters and promotional offers in such adverts.

This comparative analysis reveals, however, that rules can differ not just in strictness but also in the actors involved.  The analysis reveals that video-sharing platforms in particular may sometimes be subject to lighter or less detailed rules in several member states, pointing to a patchwork of protections that could leave gaps for younger audiences

Chapter Three: Going Beyond – More detailed National Measures and Examples of Codes of Conduct

Chapter Three presents examples of countries going further than the AVMSD requirement that states encourage self-regulation. France, for example, bans commercial advertising entirely during and around children’s programs on public television, while Portugal’s rules span television, radio, cinema, and even digital media, with bans based on audience composition and age brackets.

This chapter also briefly explores the content of self-regulatory codes established by different players — from the detailed Advertising Code for Food Products by the Dutch self-regulatory organisation, which sets criteria for targeting children and restricts the use of children’s idols, to Ireland’s media regulator’s comprehensive commercial communications guidelines and Google’s guidelines for ACCs, applicable to YouTube in the EU and UK. The adaptability of these soft-law instruments is also displayed in emerging initiatives to train influencers and clarify their responsibilities under both national and pan-European rules, reflecting the digital turn in food marketing and the expanded reach of advertising.

Conclusions and Forward Glance

The analysis concludes that the regulation of junk food advertising sits at the crossroads of media law and consumer law. While the AVMSD sets a harmonising framework encouraging self-regulation, real-world protections for children vary significantly from one country to another. The study also highlights how new advertising techniques, such as influencer marketing, require continued vigilance and regulatory innovation to keep pace with young audiences online.

A must-read for policymakers, regulators, advertisers, consumer organisations, educators, children’s rights advocates, and all stakeholders invested in public health. Find out what European law and self-regulatory initiatives can do to protect us from too much encouragement to eat too much food that is harmful in the long run if consumed to excess.