Chilean Senate adopts proposal to ban “HFSS” food advertising on TV between 6AM and 10PM


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On 16 October the Chilean Senate discussed and adopted with minor amendments a bill to ban TV advertising of food and beverage products that do not meet specific nutrition criteria (high in fat, sugar or salt – “HFSS”) between 06h00 and 22h00. The bill seeks to complement the regulations to implement Law 20.606, which are currently being examined for constitutionality by the Chilean comptroller general (Contralorķa), as reported on 14 October.

Those implementing regulations would forbid the advertising of HFSS products to children under 14 years of age. Advertising is defined as any form of promotion, communication, recommendation, information or any action aimed at promoting the consumption of a given product. Criteria to assess whether a product is promoted to children under 14 will take into account the graphic presentation, symbolism, and characters used. An exemption for brand equity characters has been removed in the latest text re-submitted by the Government to the Contralorķa. The nutrition criteria have also been amended in places. A comparative table of the draft regulations as submitted to the Contralorķa initially and as amended following the Contralorķa's initial rejection, is attached.

The draft complementary bill adopted on 16 October by the Senate (attached) reiterates the key provisions on advertising of the above draft regulations, as well as introducing a watershed ban. Sponsorship of sports, cultural and artistic events would be excluded from the scope of the watershed ban.

For more information, please contact Will Gilroy.

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