Decoding the new ad codes

14 July 2010
Put down the lard burger and clear away the cake.  New Zealand's Advertising Standards Authority (ASA) has released three new codes of practice.  The new codes relate to advertising to children, advertising food, and advertising food to children. 

At first, it seems as though there isn't much of note.  But there are some important changes to be aware of.  And when it comes to advertising foods high in fat, salt and/or sugar (HFSS) it looks like there could be more changes on the horizon.  So, without further ado, here's what you can expect.


New code for advertising of food

This code now applies to food advertising directed at people 14 years old and over, rather than all food advertising. 

But, even if your ad is targeted at the over 20s, it still needs to comply with the children’s codes. It’s all about timeslots and placements—if kids will see or hear it, then the two new children’s codes also apply.

The food advertising code is more prescriptive than before, and it will be interesting to see how some of the rules work.  For example, food quantities depicted in an ad should not exceed appropriate serving sizes.  So, it could be that that a KFC BIG BUCKET advertisement complies if it features the right amount of people.  But it may not comply if the ad features only one person with fine print explaining how many eighteen year olds the BIG BUCKET feeds. 

Advertisements for foods high in sugar should not claim to be ‘low fat or ‘fat free’.  And foods high in fat cannot have ads claiming them to be ‘low in sugar’ or ‘sugar free’. Both claims are now seen as leading consumers to believe the food is low in energy or beneficial to health.  This is a change of tack.  Until now you could advertise a bag of sugar as ‘fat free’ or, a block of lard as ‘sugar free’, but that’s no longer the case.

There is now a broad ban on HFSS advertisements promoting a competition, premium or loyalty programme that encourage excessive repeat buying.  It will be interesting to see what the Complaints Board considers “excessive repeat purchases”.  It might pay to take some caution in this area.


New code for advertising to children

The Code applies to all advertising that influences children.  This is a subtle change from the previous code which regulated advertising to children.  While not a major change, it’s now clear you need to think about the impact your ad could have on children regardless of whether they are the target audience or not.

While not much has changed, it’s worth mentioning that children are still “under 14 years old”, despite a lot of submissions arguing the age should be increased to 18.


New children’s code for advertising food

Again, like the code for advertising to children, this code applies to all advertising that influences children.

Any real change is hard to find. If any exists, it may be in the application of the code to HFSS foods, like toasted muesli, and drinks, like Milo. While the language of the new code is not significantly different from the old code on advertising food, it just feels like there’s a tightening of what’s acceptable in HFSS advertising.


More to come for HFSS foods

The ASA panel has also made other recommendations related to treat or HFSS foods. Pre-vetting ads, extending ‘Getting it Right for Children’ beyond TV, and regulating product packaging and labelling are all being talked about.

Bubbling away is also some pressure for government regulation.  Everyone will want to avoid a repeat of the recent Law Commission report on the regulation of alcohol and alcohol advertising. The report recommended severely curtailing alcohol advertising and saw little place for self regulation.  So, overall, it would be wise to keep the long term game in mind this year.

An edited version of this article was published in NZ Marketing Magazine, July/August 2010

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