The Spanish Ministry of Consumer Affairs has regulated, by means of a new royal decree, the advertising of food and beverages aimed at minorsincorporating the prohibition that it be carried out by relevant personalities, sportsmen or professionals appearing in children’s programs.
Influencers may not advertise food or beverage products or appear on the packaging of such products
This is not the first occasion in which advertising by influencers, who also have limitations when it comes to participating in advertising related to cryptocurrencies, is regulated. In the case of food, literally the royal decree prohibits “the appearance in commercial communications subject to this royal decree of mothers or fathers, educators, teachers, professionals of children’s programs, athletes, artists, influencers, persons or characters of public relevance or notoriety, whether real or fictional, who by their trajectory are likely to constitute a model or example for minors”.
All these public influence profiles may not intervene in public communications that incite the consumption of food products, both healthy and unhealthy. This prohibition reaches both advertising through printed media and on the packaging of food and beverages.
The royal decree allows, on the basis of these premises, companies themselves to self-regulate their advertising campaigns provided that this means further extending this protection to minors. A public information period of 15 working days is now open so that consumer organizations, advertising associations, the food sector employers’ association and others can make their contributions and amendments to the ministry’s text. Once the decree has been approved by Brussels and the Council of State, it is expected to be approved in the last quarter of 2022.
Prohibited food groups
With this Royal Decree, the Ministry of Consumer Affairs defends the best interest of minors to prevent them from being the object of advertising messages harmful to their health, adhering to nutritional criteria in accordance with those approved by the World Health Organization (WHO). In this way, the regulation affects:
-Chocolate and sugar confectionery products, energy bars and sweet toppings and desserts.
-Cakes, sweet cookies and other bakery products.
-Juices, energy drinks and ice cream.