Food and Beverage Advertising Code

The Food and Beverage Advertising Code will be effective for all new advertising from 1 August 2024, and for all advertising from 1 November 2024.

Advertising Standards Code

The Principles and Rules set out in the Advertising Standards Code apply to advertising in all media. When applying the Advertising Standards Code to food and beverage advertising, a high standard of social responsibility is required.

Food and Beverage Advertising Code Introduction

In addition to the Advertising Standards Code, the Food and Beverage Advertising Code (the Code) applies to all food and beverage advertising. A high standard of social responsibility also applies to the Principles and Rules in this Code.

Food and beverage advertising must adhere to the Principles and Rules set out in this Code and comply with the Advertising Standards Code where applicable.

The Code is part of the regulatory framework that applies to food and beverage advertising.

Attention is drawn to:

• Ministry of Health Food and Nutrition Guidelines for Healthy Children and Young People (Aged 2–18 years) and the Eating and Activity Guidelines for New Zealand Adults
• the Australia New Zealand Food Standards Code (particularly 2.7 Nutrition, health and related claims)
• the Children’s Advertising Code when targeting Children (where permitted) with food or beverage advertising
• the Therapeutic and Health Advertising Code when food or beverages are advertised as part of a weight loss or weight management programme.

Purpose of the Code

The purpose of the Code is to ensure that food and beverage advertising demonstrates a high standard of social responsibility.

This Code recognises that eating a healthy diet is essential for overall health and well-being. A healthy diet consists of food and drinks that are mostly whole or less processed and are low in saturated fat, sugar and salt.

Application of the Code

The Code, along with the Advertising Standards Code, applies to food and beverage advertising placed in any media (including the advertiser’s own media channels), including but not limited to social media channels (including Meta [Facebook, Instagram], Snapchat, TikTok, Google [YouTube], X [formerly Twitter]) and includes user-generated content, content via influencers and content creators, videos, apps, advergaming, out of home (for example, billboards, street posters, bus shelters and buses), streaming services (including subscription-based, on-demand television and radio streaming), digital and digital display, television, connected TV, cinema, radio, print (including newspapers, magazines), native advertising, websites, podcasts, webinars, email, SMS/phone, addressed and unaddressed mail, brochures and point-of-sale material. Visit the ASA website for an up-to-date list of current media.

Ultimately, the responsibility to comply with all aspects of advertising regulation is shared between all the parties to an advertisement, including the advertiser, agencies and media organisations.

The Code is made up of three parts:

• Principles: the standards expected in advertising and promotion
• Rules: how the principles are to be interpreted and applied
• Guidelines: information and examples to explain a rule.

Interpreting the Code

Social responsibility is embodied in the Principles and Rules of the Code. In interpreting the Code, emphasis must be placed on compliance with both the spirit and intention of the Code.

It is possible for advertising to be in breach of one or more of the Principles in the Code without being in breach of a specific Rule.

In determining whether a Principle or Rule has been breached, the Complaints Board will have regard to all relevant matters, including:

• generally prevailing community standards;
• previous relevant Board decisions;
• the Guidance Note on Food and Beverage Advertising Targeted at Children;
• the consumer takeout from the advertising;
• the context, medium and intended audience; and
• the product, brand or sponsorship advertised.

Definitions for the Purposes of the Code

Advertising and Advertisement(s) means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed.

This Code does not apply to product labels or packaging, bona fide news, annual reports, reviews, editorial or broadcast programmes, including programme promotions. Visit the ASA website for more information on the ASA’s jurisdiction.

Children means people under the age of 16 years and Child means a person under the age of 16 years.

Food or Beverage Product(s) means any consumable food or beverage product other than alcohol (as defined in the Alcohol Advertising and Promotion Code). It includes food or beverage product ranges and brands. For the avoidance of doubt, this definition does not apply to advertisements in which reference to or the depiction of food or beverages is incidental to its purpose.

Occasional Food or Beverage Product(s) are Food or Beverage Products that do not meet the Food Standards Australia New Zealand (FSANZ) Nutrient Profile Scoring Criterion as published from time to time by FSANZ. Note that every food or beverage item in a meal must meet the criterion otherwise the advertisement will be deemed to be for Occasional Food or Beverage Products.

Occasional Food or Beverage Advertisement(s) means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed for the purpose of promoting Occasional Food or Beverage Products. It includes advertising for products or brands, along with the use of the colour scheme, aural, visual or linguistic device or motif associated with the product or brand.

For the avoidance of doubt, this definition does not apply to an advertisement in which reference to, or the depiction of, Occasional Food or Beverage Products or a brand or outlet selling Occasional Food or Beverage Products is incidental to its purpose.

Sponsorship means any agreement or part of an agreement involving payment or other consideration in lieu of payment by an advertiser to support a sporting, cultural, charitable or philanthropic property, event or activity, in return for which the sponsored party agrees to be associated with or promote the advertiser’s products or brand/s. Sponsorship also includes naming rights of events or teams and the inclusion of a brand name and/or logo at an event venue or on uniforms of participants.

Occasional Food or Beverage Sponsorship Advertisement(s) means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the purpose of promoting Occasional Food or Beverage Products or brands and the sponsored party. It does not include equipment supplied under a Sponsorship agreement or branded merchandise.

Advertising targeted at Children is determined by:

• The context of the advertisement
• The extent to which each of the following three criteria targets Children
• An assessment of the relationship between the three criteria.

1. Nature and intended purpose

The extent to which the nature and intended purpose of the product, brand, service or message being advertised is appealing to, popular with and/or consumed by Children.

2. Advertisement content

The extent to which the presentation of the advertisement appeals to Children. Elements of content that may be relevant include:

• interactive applications, games, activities, websites and pop-ups
• purchasing incentives and offers of free gifts
• licensed characters, including from movies, TV programmes and gaming
• individuals, groups or teams, including, but not limited to, cultural and sporting heroes or icons, celebrities, social media influencers and content creators.* Consumer research by advertisers may be appropriate to determine who or what is ‘appealing or popular’.
• themes linked to fantasy, magic, mystery, suspense, adventure or virtual worlds
• wording, lettering, colours, special effects, 3D animation, music, songs or jingles
• language commonly used by Children or language directed at Children
• use of cartoons, imaginary characters, including animals, fantasy or virtual creatures
• a Child or Children having key roles or featuring prominently.

3. Expected average audience

The extent to which the expected average audience at the time or place the advertisement appears is likely to include a significant proportion of Children.

Where accurate data exists, a significant proportion of Children is defined as 25% or more of the expected audience.

This may also be assessed by one or a combination of the following:

• The extent to which available tools have been used to:
  • target Children by age
  • target Children by channel, topics or keywords
• The use of:
  • influencers under 16 and whose target audience is New Zealanders
  • influencers who are 16 years of age or older and whose target audience is New Zealanders where 25% or more of followers are under 16 years of age
• Advertising placement:
  • in content that is appealing to Children; for example, but not limited to, Children’s programmes, artists, playlists, videos, movies, magazines, games, websites and pop-ups that appeal to Children
  • in designated Children’s viewing and listening times
  • in locations where Children regularly gather; for example, but not limited to, within 300 metres of the sightline to the main entrance to schools (see OOHMAA placement policy).

PRINCIPLE 1: SOCIAL RESPONSIBILITY

Advertising for Food or Beverage Products must be prepared and placed with a high standard of social responsibility to consumers and society.

Advertising for Food or Beverage Products must not undermine the health and well-being of individuals.

• Promote or encourage excessive consumption or show a quantity of food or beverage that exceeds the portion size that would be appropriate for consumption by the person or people of the age depicted in the advertisement
• Promote a sense of urgency for purchase which could result in irresponsible consumption
• Promote inactive or unhealthy lifestyles, or portray people who choose a healthy, active lifestyle in a negative manner
• Promote a competition, premium or loyalty/continuity programme which encourages excessive repeat purchase of Occasional Food or Beverage Products
• Promote Food or Beverage Products to Children that are not suitable for them, in line with community standards and Food Standards Australia New Zealand advice.

Occasional Food or Beverage Advertisements must not target Children.

See ASA Guidance Note on Food and Beverage Advertising Targeted at Children.

Advertising for Food or Beverage Products must not mislead or be likely to mislead, deceive or confuse consumers, abuse their trust or exploit their lack of knowledge. This includes by implication, inaccuracy, ambiguity, exaggeration, unrealistic claim, omission, false representation or otherwise.

Obvious hyperbole identifiable as such is not considered to be misleading.

In addition

• Generally, hyperbole describes representations that are exaggerations so obvious they are unlikely to mislead anyone.
• Whether representations can be considered obvious hyperbole will depend on their context.
• Advertisements must not mislead as to the nutritional value of any food or beverage.
• Food or Beverage Products must not be portrayed as complete meals unless they are formulated as such.

PRINCIPLE 3: OCCASIONAL FOOD OR BEVERAGE SPONSORSHIP ADVERTISEMENTS TARGETED AT CHILDREN

Occasional Food or Beverage Sponsorship Advertisements targeted at Children are restricted.

Occasional Food or Beverage Sponsorship Advertisements targeted at Children are not permitted unless they comply with the guidelines to this Rule.

• Must not show an Occasional Food or Beverage Product or such product packaging or depict the consumption of an Occasional Food or Beverage Product; and
• Must demonstrate a clear Sponsorship association between the brand and the sponsored party; and
• Must be primarily about the sponsored party.

Sponsorship Advertisements that include Occasional Food or Beverage Products must not target Children.

See ASA Guidance Note on Food and Beverage Advertising Targeted at Children.