scholarly journals Battling the bulge: Is a ban on children's food and beverage advertising consistent with freedom of expression?

2021 ◽  
Author(s):  
◽  
Matthew Mazenier

<p>Obesity is increasingly recognised by policymakers as a threat to public health and wellbeing. Despite obesity’s many causes, one commonly cited concern of public health advocates is the prevalence of food and beverage advertising. In particular, concerns have focused upon the targeting of unhealthy food and beverage advertising towards children. The current evidence reveals children’s vulnerability to product advertising and its consequential effects upon children’s food-related attitudes and behaviours. Though the evidence of a link between food advertising and obesity is equivocal, it is sufficient to make the case for a ban on the advertising of unhealthy food and beverages to children. However, any advertising restrictions upon commercial advertising must be consistent with the right to free expression under the New Zealand Bill of Rights Act 1990. An analysis of the theoretical justifications underlying free speech protections suggests greater leeway should be afforded legislators to regulate in the face of a public health crisis. In spite of the New Zealand Government’s willingness to rely upon a self-regulatory framework for advertising regulation, the success of statutory advertising restrictions internationally illustrates the potential for a stronger approach. Though a lack of evidence precludes an objective assessment of the efficacy of the current self-regulatory scheme, the theoretical incompatibility of self-regulation with the achievement of public health goals underscores the need for government-led regulation. Ultimately, the growing threat posed by the obesity epidemic, the absence of reasonable alternatives to statutory restrictions and the narrow scope of a ban on the advertising of unhealthy food and beverages to children mean the suggested ban represents a demonstrably justified limit upon free expression.</p>

2021 ◽  
Author(s):  
◽  
Matthew Mazenier

<p>Obesity is increasingly recognised by policymakers as a threat to public health and wellbeing. Despite obesity’s many causes, one commonly cited concern of public health advocates is the prevalence of food and beverage advertising. In particular, concerns have focused upon the targeting of unhealthy food and beverage advertising towards children. The current evidence reveals children’s vulnerability to product advertising and its consequential effects upon children’s food-related attitudes and behaviours. Though the evidence of a link between food advertising and obesity is equivocal, it is sufficient to make the case for a ban on the advertising of unhealthy food and beverages to children. However, any advertising restrictions upon commercial advertising must be consistent with the right to free expression under the New Zealand Bill of Rights Act 1990. An analysis of the theoretical justifications underlying free speech protections suggests greater leeway should be afforded legislators to regulate in the face of a public health crisis. In spite of the New Zealand Government’s willingness to rely upon a self-regulatory framework for advertising regulation, the success of statutory advertising restrictions internationally illustrates the potential for a stronger approach. Though a lack of evidence precludes an objective assessment of the efficacy of the current self-regulatory scheme, the theoretical incompatibility of self-regulation with the achievement of public health goals underscores the need for government-led regulation. Ultimately, the growing threat posed by the obesity epidemic, the absence of reasonable alternatives to statutory restrictions and the narrow scope of a ban on the advertising of unhealthy food and beverages to children mean the suggested ban represents a demonstrably justified limit upon free expression.</p>


Nutrients ◽  
2020 ◽  
Vol 12 (5) ◽  
pp. 1278
Author(s):  
Fiona Sing ◽  
Sally Mackay ◽  
Angela Culpin ◽  
Sally Hughes ◽  
Boyd Swinburn

New Zealand has the second highest overweight and obese child population in the Organisation for Economic Co-operation and Development (OECD). This paper evaluates whether New Zealand’s self-regulatory controls on the advertising of unhealthy food and beverages to children and young people adequately protects children from the exposure to, and power of, such marketing in order to limit its impact on children’s food and beverage preferences. First, an analysis of the relevant New Zealand Advertising Standards Authority (ASA) Codes was conducted, including the ASA Complaints Board and Appeals Board decisions from 2017–2019 to determine the application of the Codes in practice. Second, a public health law framework was applied to the self-regulatory system. Of the 16 complaints assessed, 12 were not upheld, and only one was upheld under the Children and Young People’s Advertising Code (CYPA Code). Three complaints were upheld under the Advertising Standards Code (ASC) but not the CYPA Code. An analysis of the Codes and their interpretation by the Complaints Board found that many facets of the public health law framework were not met. The self-regulatory system does not adequately protect children from the exposure to, and power of, unhealthy food and beverage marketing, and government-led, comprehensive, and enforceable marketing restrictions are required.


Author(s):  
Daniel A. Yamoah ◽  
Jeroen De Man ◽  
Sunday O. Onagbiye ◽  
Zandile J. Mchiza

Television (TV) is a powerful medium for marketing food and beverages. Food and beverage marketers tend to use this medium to target children with the hope that children will in turn influence their families’ food choices. No study has assessed the compliance of TV marketers with the South African Marketing to Children pledge since the enactment of the 2014 food advertising recommendations by the South African Department of Health and the Advertising Standards Authority. This study investigated the extent and nature of advertising of unhealthy versus healthy food and beverages to children in South African TV broadcasting channels. The date, time, type, frequency and target audience of food advertisements (ads) on four free-to-air South African TV channels were recorded and captured using a structured assessment guide. The presence of persuasive marketing techniques was also assessed. Unhealthy food and beverage advertising was recorded at a significantly higher rate compared with healthy food and beverages during the time frame when children were likely to be watching TV. Brand benefit claims, health claims and power strategies (e.g., advertising using cartoon characters and celebrated individuals) were used as persuasive strategies. These persuasive strategies were used more in unhealthy versus healthy food ads. The findings are in breach of the South African Marketing to Children pledge and suggest a failure of the industry self-regulation system. We recommend the introduction of monitored and enforced statutory regulations to ensure healthy TV food advertising space.


2013 ◽  
Vol 13 (1) ◽  
Author(s):  
Mary-Ann Carter ◽  
Louise Signal ◽  
Richard Edwards ◽  
Janet Hoek ◽  
Anthony Maher

2021 ◽  
pp. 1-23
Author(s):  
Essa Tawfiq ◽  
Kathryn E Bradbury ◽  
Cliona Ni Mhurchu

Abstract Objective: To assess the prevalence of promotions on foods and non-alcoholic drinks purchased by New Zealand households and to determine if they vary according to healthiness of products. Design: We undertook a cross-sectional analysis of Nielsen New Zealand Homescan® 2018/19 panel data. We conducted multivariate analyses to examine the variability in quantities of healthy vs. unhealthy food and beverage products purchased on promotion. Promotion was self-reported by the panelist. Healthiness of products was measured by the Health Star Rating system (HSR). We also carried out a subgroup analysis for beverages according to the threshold of < 5 g vs. ≥ 5 g sugar per 100 ml content of products. Setting: The Nielsen New Zealand Homescan® data were linked with two New Zealand food composition databases (Nutritrack and the FOODfiles). Participants: Food and beverage purchases data by 1,800 panel households were used. Results: Overall, 46% (1,803,601/3,940,458) of all purchases made were on promotion. Compared with purchases of food and beverage products with HSR < 3.5 (unhealthy), food and beverage products with HSR ≥ 3.5 (healthy) were significantly less likely to be on promotion (OR=0.78, 95% CI 0.77 - 0.79). The subgroup analysis for beverages shows that products with < 5 g per 100ml were significantly less likely to be on promotion than those with > 5 g sugar per 100ml (OR=0.76, 95% CI 0.75 - 0.78). Conclusions: Policies to improve healthy food retailing should focus on increasing the promotion of healthier food and drink options in stores and supermarkets.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ellery Altshuler

Purpose The purpose of this paper is to describe restrictions on freedoms of expression and press that have arisen during the coronavirus pandemic and to show the public health impact of these restrictions. Design/methodology/approach General PubMed and Google searches were used to review human rights violations both historically and during the current coronavirus pandemic. Special attention was paid to publications produced by groups dedicated to monitoring human rights abuses. Findings During the coronavirus pandemic, many governments have used the guise of controlling the virus to silence critics and stifle the press. Though these restrictions were supposedly orchestrated to fight the virus, they have done just the opposite: suppression of expression and press has hindered public health efforts and exacerbated the spread of the virus. By reducing case reporting, allowing for the spread of misinformation and blocking productive debate, violations of human rights to free expression and press have worsened the coronavirus outbreak. Originality/value This study shows the ways in which human rights are both threatened and particularly important in crises.


Author(s):  
Rawaa S. Al-Mayyahi ◽  
Wa'il A. Godaymi Al-Tumah

The novel severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) caused a pandemic of coronavirus disease 2019 (COVID-19) which represents a global public health crisis. Based on recent published studies, this review discusses current evidence related to the transmission, clinical characteristics, diagnosis, management and prevention of COVID-19. It is hoped that this review article will provide a benefit for the public to well understand and deal with this new virus, and give a reference for future researches.


2020 ◽  
Vol 4 (1) ◽  
pp. 140
Author(s):  
Kate Seewald

In Covid-19, a vast number of countries have faced their biggest public health crisis in a century. For many such countries, the pandemic has emerged at a critical juncture following consecutive years of so-called democratic backsliding, where political space has narrowed and fundamental freedoms are under increasing threat. This trend is particularly observable within hybrid regimes under “Strongman” rule. A question posed by the Covid-19 crisis is the extent to which such regimes are taking advantage of the pandemic in order to hastily usher in new restrictions on human rights. Such leaders, it has been claimed, are actively capitalising on the crisis to further cement their rule, and to rapidly stock their arsenals with weapons of “lawfare” to more efficiently quash current or future dissent. A secondary, related question is the extent to which such accusations are being unfairly levelled against leaders of hybrid regimes for taking steps that liberal democracies are also taking without the same level of scrutiny from international observers. After all, the legitimate limitation by states of citizens’ exercise of their rights in times of exception is a norm firmly set out in international law. This article uses a case study of Cambodia, focusing on the impact of its Covid-19 response on the exercise of free expression. Applying the “three-part test,” it analyses whether Cambodia’s response falls within the permissible restrictions on freedom of expression during a time of normalcy (given Cambodia, at the time of writing, has not declared a state of emergency). It then also assesses whether Cambodia’s newly promulgated Emergency Law should be seen as a clear case of a hybrid regime exploiting Covid-19 to hasten restrictions on rights, or whether the criticism levelled against it is excessive, given the constitutional basis for such legislation and the critical nature of the Covid-19 pandemic.


Author(s):  
Alyshia Gálvez

In the two decades since the North American Free Trade Agreement (NAFTA) went into effect, Mexico has seen an epidemic of diet-related illness. While globalization has been associated with an increase in chronic disease around the world, in Mexico, the speed and scope of the rise has been called a public health emergency. The shift in Mexican foodways is happening at a moment when the country’s ancestral cuisine is now more popular and appreciated around the world than ever. What does it mean for their health and well-being when many Mexicans eat fewer tortillas and more instant noodles, while global elites demand tacos made with handmade corn tortillas? This book examines the transformation of the Mexican food system since NAFTA and how it has made it harder for people to eat as they once did. The book contextualizes NAFTA within Mexico’s approach to economic development since the Revolution, noticing the role envisioned for rural and low-income people in the path to modernization. Examination of anti-poverty and public health policies in Mexico reveal how it has become easier for people to consume processed foods and beverages, even when to do so can be harmful to health. The book critiques Mexico’s strategy for addressing the public health crisis generated by rising rates of chronic disease for blaming the dietary habits of those whose lives have been upended by the economic and political shifts of NAFTA.


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