More than 50,000 euros in fines were imposed on those who violated the law restricting food advertising to minors under 16, in force since 2019, with most of the violations occurring online.
According to the report of the first evaluation of the impact of this law, which will be presented this Friday in Lisbon, 81% of the violations detected occurred in websites and social networks.
The document also indicates that 9.5% of the violations occurred in magazines and another 9.5% on television.
During the period of application of the law, 11 cases of administrative infringements were initiated, of which seven resulted in convictions for a total amount of 50,500 euros in fines imposed.
From the categories of Foods with the most violations include cakes, cookies and other baked goods. (28%), as well as prepared, pre-cooked and ready-to-eat meals (23.0%).
The impact assessment of the law that introduced restrictions on advertising of high-energy, high-salt, high-sugar and high-fat foods and drinks to minors under 16 years of age was carried out by a working group coordinated by the Directorate-General for Health (DGS) and including representatives from the Directorate-General for Consumer Affairs (DGC), the Directorate-General for Education (DGE) and the Directorate-General for Food and Veterinary Medicine (DGAV).
According to the document, Between 2019 and 2023, the DGC carried out five inspection actions to analyze food advertising aimed at minors under 16 years of ageIn total, 258 messages disseminated by 34 economic operators in different communication contexts (magazines, television and digital media) were analysed.
Of the total number of economic operators covered, the compliance rate was 68%. Regarding the universe of advertising messages analysed, the compliance rate reached 94%.
Regarding the analysis of commercial communication present in television services aimed at young audiences, it was carried out by the Social Communication Regulatory Entity (ERC) and took place in the last quarter of 2023.
In this work, ERC identified “several marketing and content aimed at children and young people within programs and during breaks”, with 11 violations of the law on television and streaming platforms transmission.
They were also identified 41 advertisements for children’s menus from two food chains Fast food in which the brands and toys that accompany the menus are promoted, without identifying a specific food product (brand marketing).
“This strategy of adapting to existing legislation seems to continue to allow children to be exposed to marketing food,” experts warn.
The report also points out situations “that may indicate a violation of the provisions of the Advertising Code” in relation to food and beverage advertising aimed at children, as well as “other commercial communications that are more difficult to comply with legal limitations, particularly in relation to sponsorships.”
Also on television, the analysis of the monitoring of food advertising aimed at children and young people covered all Portuguese general and free-to-air channels (RTP1, RTP2, SIC and TVI) and the cable/fibre children’s channels aimed at children.
In 2020, 5,555 food advertisements were analysed, 10.4% promoted food and drinks and there was no food advertising on children’s channels. Most food and drink advertisements did not comply with the nutritional profile defined by the DGS (65.6%), a figure that rose to 78.3% the following year.
Source: Observadora
