Code for marketing of food and drink aimed at children updated 1/9-2016

   
     
     
     

The first Code for the area was established in 2007 and updated in June 2009. In June 2013 the new Code was introduced which established the Food and Drink Industry Professional Practices Committee (MFU). The Code here is an update of this Code and applies from 1.9.2016. Guidance for the Code has been drawn up as supplementary information.

1. Background
Marketing of food and drink should aim to encourage a balanced and varied diet. For example, marketing should not encourage or urge over-consumption. The industry shall promote the sale of healthy products.

Children are a particularly vulnerable group, who need to be protected from marketing aimed specifically at them. As far as is practicable, the industry shall exercise care in the placement of products on the MFU's product list.

This Code is meant as a supplement to other marketing legislation and regulations, including the Norwegian Marketing and Broadcasting Acts

This Code applies to marketing aimed at consumers in Norway, including online sales of groceries.


2. Prohibition on marketing to children
Marketing of the products on the Product List must not be specifically aimed at children under 13 years. The word marketing means initiatives for promoting sales.

The following are not to be regarded as marketing:
a) The actual product, including packaging.

b) Ordinary display of products at the point of sale

c) Sponsorship which only includes the use of the sponsor's name, the sponsor's trademark or the product trademark, including the distribution of samples with the consent of parents and other responsible persons


TV advertising broadcast after 21:00 hours will not be regarded as marketing specifically aimed at children.

3. Marketing that should always be considered specially aimed at children under 13 years.

The following marketing of products, covered by the product list, is considered specifically aimed at children under 13 years and will involve an infringement of this Code:

  • Advertising in cinemas in connection with films that are specifically aimed at children under 13 years and that start before 18:30 hours.
  • Interactive games specifically aimed at children and where a product's trademark, or other elements of the marketing of the product, form an integral part.
  • All forms of competitions with an age limit of under 13 years.


4. Caution in marketing to young people
In the case of marketing of products on the product list which is specifically aimed at young people, caution and consideration must be exercised in respect of their age and development.


5. Assessment of infringements
It should be clarified that a product and its packaging etc. will not in themselves be regarded as marketing specifically aimed at children in contravention of the Code, see Section 2a. However, in the overall assessment it shall be assumed that the more child-focused a product is, the more stringent requirements will apply to the media and methods permitted to be used in marketing.

When assessing whether marketing is specifically aimed at children, an overall assessment must be made, with emphasis on the following:
a) To what extent does the marketed product, including packaging, have particular appeal for children? Relevant elements of the assessment may include the following:

  • Whether the product has a shape, packaging, wrapping, etc. which especially appeals to children
  • Whether the product is primarily consumed by children
  • Whether additional benefits such as gifts, etc. are used that especially appeal to children

b) To what extent do the media used have particular appeal for children? Examples of media that would normally be considered to be of particular appeal to children are:

  • Social media such as chat services, blogging tools and social networking sites that are specifically aimed at children
  • Games, play sites and entertainment sites that are specifically aimed at children
  • Websites that promote products specifically aimed at children
  • Children's programs on TV and radio
  • Email, SMS services or other mobile marketing specifically aimed at children
  • Printed media, such as magazines, novels etc. which are specifically aimed at children

c) To what extent do the advertising elements used have particular appeal for children Relevant elements of the assessment may include the following: 

  • Whether childlike language is used
  • Whether graphic characters and/or animation are used which are particularly appealing to children
  • Whether children are involved in the marketing
  • Whether persons are used in the marketing that are particularly appealing to children, such as youth actors, pop stars, super heroes or famous child hosts from TV
  • Whether toys, games, contests, etc. are used in the marketing which particularly appeal to children


6. Marketing of a series
In a series of products, the marketing of products not included on the product list must not appear as marketing for products covered by the product list.


7. Supervision
MFU is responsible for handling complaints.


8. Commencement date
The new Code applies from 1 September 2016