The sale and advertising of certain food and beverages

Amendment to the Food Act and proposal for new Regulations on the prohibition of the marketing of certainfoods and beverages aimed at children

The following measures are proposed:

1) Amendment of the Food Act § 26a to mandate infringement fines to breaches of the Marketing Regulations.
2) New Marketing Regulations which prohibit the marketing of certain food and beverages to children under 18years of age.
a) In Annex I to the draft Marketing Regulations, there is a list of what food categories are covered by theRegulations:
- Categories 1 to 6 (products such as chocolate and sugar confectionery; energy bars; sweet toppings/spreadsand desserts; cakes; biscuits; other sweet and/or fatty pastries; snacks; edible ices; energy drinks; soft drinks;and cordial/squash) cannot be marketed to children.
- For categories 7 to 11 (products such as juices; milk; plant-based milks/beverages; breakfast cereals;yoghurts and similar products; fast food and composite dishes), nutrient thresholds are used to cover theunhealthiest products within these categories.
b) All marketing of products covered by Annex I aimed at children, is prohibited, cf. the draft MarketingRegulations § 4(1). In § 4(2) marketing which is always considered to be aimed at children is listed, i.e.advertising in cinemas in connection with films aimed at children under the age of 13 that starts before 18:30;competitions open to children; tastings and samples to children; and special displays that may appeal tochildren.
c) In the draft Marketing Regulations § 4(3) examples of components for the assessment of whether themarketing is aimed at children, is given.
d) Marketing of products covered by Annex I must not encourage adults to buy such products for children, cf.the draft Marketing Regulations § 4(4).
e) Products covered by Annex I may not be displayed at points of sale in connection with products or servicesthat appeal to children, cf. draft Marketing Regulations § 5.
f) The following is exempted from the marketing ban, cf. draft Marketing Regulations § 6:
- Sponsorship involving only company name/logo,
- Design of the product
- Packaging and wrapping, with certain exceptions
- Ordinary display of products at point of sale
- Simple/factual product information on websites and in connection with point of sale.
g) The Norwegian Directorate of Health is proposed as the supervisory authority and may impose coercivefines or infringement fines if the prohibitions are breached, cf. the draft Marketing Regulations §§ 7, 8 and 9. Atransitional period of 6 months after entry into force is also proposed, cf. the draft Marketing Regulations § 10.