Food laws and decisions: Advertising

Regulation of food advertising. While there is no clear-cut division between advertising, promotion, and sponsorship, you can select this sub-tag by making a value judgement on the scope of the regulation. Advertising is generally defined as direct commercial communication. Promotion refers to a broader area of marketing practices, which includes indirect or hidden forms of commercial communication, such as packaging and product design, product placement in media contents, association with other products. Sponsorship refers to contribution to events, activities, or individuals with the effect of promoting food products.

Advertising related food laws and decisions

  • International
    Law · International norms

    WHO guideline: Restricting digital marketing in the context of tobacco, alcohol, food and beverages, and breast-milk substitutes

    2023 This WHO guideline addresses restrictions on marketing, including digital marketing, in the contexts of tobacco and nicotine products, alcohol, unhealthy foods and beverages, and breast-milk substitutes.

    • Marketing
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  • Mexico
    Decision · Judicial

    Herdez and others v. Government (Case No. 465/2022)

    2024 The constitutionality of the amendments to the General Health Law and to NOM-51 that adopted front-of-package warning labels for prepackaged food and beverages.

    • MarketingLabelingFundamental Rights
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  • Brazil
    Law · Programmatic documents

    Technical Note on Food Sales in Public Schools participating in National School Meals Program (Technical note No. 2974175/2022/COSAN/CGPAE/DIRAE)

    Nov. 08, 2022 This technical note offers a comprehensive overview and general guidelines on food sales in public elementary and secondary schools enrolled in the National School Meals Program [Programa Nacional de Alimentação...

    • MarketingSchool EnvironmentUltra-processed foods
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  • International
    Law · International norms

    WHO Guideline: Policies to protect children from the harmful impact of food marketing

    Jul. 3, 2023 This guideline seeks to provide Member States with recommendations and implementation considerations on policies to protect children from the harmful impact of food marketing.

    • Marketing
    • 1
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  • International
    Law · International norms

    WHO Set of recommendations on the marketing of foods and non-alcoholic beverages to children

    May. 21, 2010 To call for global action to reduce the impact of marketing of unhealthy foods and non-alcoholic beverages to children, and to facilitate the policy processes and mechanisms to reach this...

    • Marketing
    • 1
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  • International
    Law · International norms

    Global action plan for the prevention and control of noncommunicable diseases 2013-2030

    May. 27, 2013 The WHO Global Action Plan on NCDs operationalizes the commitments made in the Political Declaration of the High-level Meeting of the General Assembly on the Prevention and Control of Noncommunicable...

    • MarketingContent regulationFiscal PoliciesFundamental RightsLabelingSchool Environment
    • 2
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  • International
    Law · International norms

    Global Strategy on Diet, Physical Activity and Health

    May. 26, 2004 To provide guidance for the development of an enabling environment for sustainable actions at individual, community, national and global levels that, when taken together, will lead to reduced disease and...

    • MarketingLabelingContent regulationFiscal PoliciesSchool Environment
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  • International
    Law · International norms

    Interim report of the Special Rapporteur on the right to food

    Aug. 3, 2016 The report reiterates the importance of a rights-based approach to “adequate food”, and highlights that unhealthy diets are a form of malnutrition

    • MarketingFiscal PoliciesLabelingFundamental RightsSchool Environment
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  • International
    Law · International norms

    General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24)

    Apr. 17, 2013 The General Comment provides guidance and support to States parties and other duty bearers in respecting, protecting and fulfilling children’s right to the enjoyment of the highest attainable standard of...

    • MarketingFundamental RightsSchool Environment
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  • International
    Law · International norms

    Unhealthy foods, non-communicable diseases and the right to health – Report of the Special Rapporteur on the right to health

    Apr. 1, 2014 In this report, the Special Rapporteur highlights the link between unhealthy foods and diet-related non-communicable diseases, underscoring the urgent need for States to address structural changes in the food environment,...

    • MarketingFiscal PoliciesLabelingFundamental RightsSchool Environment
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  • International
    Law · International norms

    Report submitted by the Special Rapporteur on the right to food

    Dec. 26, 2011 The report shows how undernutrition, micronutrient deficiency and overnutrition are different dimensions of malnutrition that must be addressed to fully realize the right to food

    • MarketingFiscal PoliciesFundamental RightsSchool Environment
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  • International
    Law · International norms

    Food, nutrition and the right to health – Report of the Special Rapporteur on the right to health

    Jul. 14, 2023 Using the frameworks of intersectionality, anti-coloniality and anti-racism, as well as existing international human rights laws and standards, the Special Rapporteur examines how the lack of access to safe and...

    • MarketingFiscal PoliciesLabelingFundamental Rights
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  • Brazil
    Decision · Judicial

    Brazilian Industry Association of Cookies, Pasta, Breads and Cakes Industrialized (ABIMAPI) v. National Health Surveillance Agency (ANVISA) (Case No. 0021946-62.2011.4.01.3400)

    Sep. 11, 2023 Whether ANVISA had competence to issue Resolution No. 24 of 2010, which regulates the advertising of food and beverages with low nutritional value.

    • Marketing
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  • Brazil
    Law · Administrative Acts

    Adequate and Healthy Eating in the School Environment Standarts (Decree No. 11.821 of 2023)

    Dec. 12, 2023 The decree provides for the principles, objectives, strategic axes and guidelines to promote adequate and healthy eating in the school environment.

    • MarketingSchool EnvironmentUltra-processed foods
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  • Mexico
    Law · Administrative Acts

    Amendments to the General Health Law – Advertising (2014)

    Feb. 14, 2014 To restrict advertising of prepackaged foods and beverages in order to protect public health and the best interest of the child.

    • Marketing
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  • Mexico
    Decision · Judicial

    Desde el Corazón del Fruto, S.A. de C.V. v Government

    2020 In 2020, plaintiff filed an amparo measure against the Amendment to NOM-51 that adopted front-of-package warning labels for prepackaged food and beverages.

    • MarketingLabelingFundamental RightsContent regulation
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  • Mexico
    Decision · Judicial

    Santa Clara, S.A. de C.V. v. Government (pending)

    2022 In 2020, plaintiff filed an amparo measure against the Modification of the Mexican Official Norm that regulates the General labelling specifications for pre-packaged food and non-alcoholic beverages.

    • MarketingLabelingContent regulationFundamental Rights
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  • Brazil
    Law · Legislation

    Law on the Prohibition of the Commercialization and Advertising of Products Related to Childhood Obesity in the Municipality of Niteroi

    Nov. 19, 2009 Law on the prohibition of the commercialization, acquisition, manufacturing, distribution, and advertising of products related to childhood obesity. This law has been amended by Law No. 3766 of 2023, and...

    • MarketingSchool Environment
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  • Brazil
    Law · Legislation

    Law on the Prohibition of the Commercialization and Advertising of Ultraprocessed Products in the Municipality of Niterói (Law No. 2659 of 2009)

    Jan. 06, 2023 It amends the Law No. 2659 of 2009 that aims to prohibit the sale, purchase, manufacture, distribution and advertising of products that contribute to childhood obesity

    • MarketingSchool Environment
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  • Colombia
    Decision · Judicial

    Colombian Parents’ Corporation of Mothers and Fathers, Red PaPaz v. Ministry of Health (Case No. 25000234100020190106300)

    Nov. 10, 2022 Whether the lack of an appropriate regulatory framework on ultra-processed food products violate the collective right to health of consumers, and particularly of children.

    • MarketingLabelingFundamental RightsUltra-processed foods
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  • Colombia
    Law · Legislation

    Law for Control, Care and Prevention of Obesity and related NCDs (Law No. 1355 of 2009)

    Oct. 14, 2009 To declare obesity and the non-communicable diseases associated with it a public health priority, and to adopt measures for its control, care, and prevention.

    • MarketingContent regulationLabelingSchool Environment
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  • Mexico
    Decision · Administrative

    Federal Consumer Protection Agency v. Kellogg Company México, S. de R.L de C.V. (Choco Krispis)

    Oct. 4, 2011 After monitoring food advertisements on TV, the Federal Consumer Protection Agency questioned Kelogg Company Mexico's advertisement on one of their cereals (Choco Krispis) because it contained questionable statements regarding the...

    • Marketing
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  • Mexico
    Decision · Administrative

    Federal Consumer Protection Agency v. Kellogg Company México, S. de R.L de C.V. (Zucaritas)

    Sep. 28, 2011 After monitoring food advertisements on TV, the Federal Consumer Protection Agency questioned Kelogg Company Mexico's advertisement on one of their cereals (Zucaritas) because it contained phrases subject to misleading minors...

    • Marketing
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  • Barbados
    Law · Programmatic documents

    National School Nutrition Policy

    Sep. 19, 2022 The National School Nutrition Policy of Barbados seeks to create healthy school environments that enhance student learning and are conducive to the development of healthy lifelong eating and activity behaviors...

    • MarketingSchool Environment
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  • Brazil
    Law · Legislation

    Law on Advertising of Food to Children in Basic Education Establishments in the State of Bahia

    Dec. 27, 2018 The law amends the previous law No. 13.582 of 2016 to regulate food advertising targeted at children in basic education establishments.

    • Marketing
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  • Brazil
    Law · Legislation

    Law on Regulation of Advertising of Food to Children in the State of Bahia

    Sep. 14, 2016 Law regulating advertising targeted at children

    • Marketing
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  • Brazil
    Decision · Judicial

    Brazilian Association of Radio and Television Broadcasts v. Legislative Assembly of the State of Bahia

    Mar. 25, 2021 A direct action of unconstitutionality against a state law from the Legislative Assembly of the State of Bahia [Assembleia Legislativa do Estado da Bahia] prohibiting advertisement targeted at children of...

    • Marketing
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  • Brazil
    Decision · Judicial

    Dr. Oetker Brasil Ltda v. Consumer Protection Agency of the State of Sao Paulo

    2017 A lawsuit questioning the legality of a fine issued against Dr. Oetker Brasil Ltda as a punishment for promoting a marketing campaign that targeted children.

    • Marketing
    • 3
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  • Brazil
    Decision · Judicial

    Office of the Prosecutor of the State of Santa Catarina v. Empresa de Laticínios Tirol LTDA (pending)

    2022 A public civil lawsuit [ação civil pública] due to a marketing campaign titled "Tirolzinho Transfoma", which promoted recycling competitions between schools and distributed products to schoolchildren.

    • Marketing
    • 1
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  • Brazil
    Decision · Judicial

    Sadia S.A. v. Consumer Protection Agency of the State of Sao Paulo – 2020

    2020 A lawsuit questioning the legality of a fine issued against Sadia S.A. for a marketing campaign that targeted children.

    • Marketing
    • 3
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  • Brazil
    Law · Administrative Acts

    Resolution on Advertising and Marketing Communication to Children and Adolescents (Resolution No. 163 of 2014)

    Mar. 13, 2014 This resolution establishes criteria that make advertising and marketing practices targeted at children and adolescents abusive.

    • Marketing
    • 1
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  • Brazil
    Law · Administrative Acts

    Resolution on the Regulation of Unhealthy Products Advertisement (Resolution No. 24 of 2010)

    Jun. 15, 2010 This resolution establishes requirements for marketing of foods considered to have high amounts of sugar, saturated fat, trans fat, sodium, and beverages with low nutritional content.

    • Marketing
    • 1
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  • Brazil
    Law · Legislation

    Consumer Defense Code (Law No. 8.078 of 1990)

    Sep. 11, 1990 This law establishes rules of consumer protection and defense, public order and social interest in accordance with articles 5, items XXXII, 170, item V of the Brazilian Federal Constitution and...

    • MarketingLabeling
    • 1
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  • Barbados
    Law · Legislation

    Protection against Unfair Competition Act

    Feb. 19, 2001 This law provides for the protection against unfair competition.

    • Marketing
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  • Barbados
    Law · Legislation

    Consumer Protection Act

    Jan. 16, 2003 This law provides for matters relating to the protection and safety of consumers, such as the prohibition of unfair trading practices and unfair contract terms.

    • Marketing
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  • Mexico
    Law · Legislation

    Federal Law on Consumer Protection

    Dec. 24, 1992 This law seeks to promote and protect consumer rights and establishes equity, certainty and legal security in relations between providers and consumers.

    • Marketing
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  • Colombia
    Decision · Administrative

    Dejusticia v. Postobón (Guajira campaign)

    2017 To clarify the legal framework and limits regarding corporate social responsibility campaigns for unhealthy foods.

    • Marketing
    • 7
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  • Brazil
    Decision · Administrative

    Consumer Protection Agency of the State of Paraná v. Danone LTDA

    Apr. 12, 2018 An administrative decision imposing a fine on Danone due to a marketing campaign that targeted children.

    • Marketing
    • 4
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  • Brazil
    Decision · Judicial

    Office of the Prosecutor of the State of Sao Paulo v. Pandurata Alimentos LTDA (Case No. 1.558.086/SP)

    Mar. 10, 2016 A public civil lawsuit [ação civil pública] due to abusive marketing targeting children and "product tying" (the practice of selling one product or service as a mandatory addition to the...

    • Marketing
    • 9
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