The New Food & Beverages Advertising Code

The new Food and Beverages Advertising Code (the Code) has been adopted by the Australian Association of National Advertisers (AANA) as part of advertising and marketing self-regulation and applies to all media, both traditional and digital.

The Code is effective from 1 November 2021 and applies to any advertising medium including cinema, internet, outdoor media, print, radio, television, telecommunications, or other direct to consumer marketing including new and emerging technologies.

The two key objectives of the new Code is to reduce regulation on advertising essential foods and drinks and to reduce the opportunity for children to view advertisements promoting occasional food or drinks (treats).

What’s new in the Code: 
  • Aligns truth in advertising requirements with the Australian Consumer Law (ACL)
  • Harmonises and raises the definition of “child” to 15 years to align with the Children’s Television Standards
  • Food and non-alcoholic beverage companies will only be able to show advertisements for occasional foods when the proportion of children is 25% or less of the total audience. The threshold is currently 35% or less.
Other key changes: 
3.1 Occasional Foods

The definition of ‘occasional’ foods will be determined by the application of the independent, statutory food authority Food Standards Australia New Zealand (FSANZ) Nutrient Profiling Scoring Criterion. If the food or beverage does not meet the nutrient profile test, it is deemed occasional and advertising cannot target children.

3.2 Sponsorships

The Code will now apply to sponsorships. Sponsorship ads that target children must not show occasional food or beverage product, but can show master branding such as brand name and logo. These restrictions do not apply to sponsorship events for food and beverage products that meet the FSANZ criteria.

3.3 Promotions

Promotional offer of interest to children must not create a sense of urgency or encourage purchase of an excessive quantity for irresponsible consumption. This includes collection-based promotions.

3.4 Prizes

Must not give children occasional food or beverage products as awards, prizes or vouchers. This includes $ amount vouchers.





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