In the previous legislature, the then Minister of Consumption, Alberto Garzón, fought intemerata to stop children's access to unhealthy food. As? Regulating advertising, the channel that creates desires. And he did it through a legal text that had the approval of organizations that defend children, as well as a good part of medical and scientific societies. Even the World Health Organization (WHO) has come out in favor of limiting the advertising of unhealthy food. But the text was left in a drawer because the Ministry of Agriculture did not want to give it approval. He let him sleep waiting for another occasion.
And that occasion arises again this legislature, led by the Minister of Social Rights, who also has the area of Consumption. Pablo Bustinduy takes over from Garzón and has already announced that he recovers the text of the previous team. And he plans to fight for it. He is in the government agreement signed between the PSOE and Sumar, they remember from this formation.
What will this rule regulate? If the current wording is maintained, the regulations will affect five categories of products that will not be able to advertise to minors regardless of the nutrient content. According to the draft of the royal decree, these are all chocolate and sugar confectionery products, energy bars, cakes and cookies. Also energy drinks and ice cream. These will be radically prohibited.
For the rest of the product categories, a nutrient content limit is established per 100 grams. In this case, they can be advertised as long as total and saturated fats, total and added sugar and salt levels remain below the limits established for each product.
In addition, it establishes the prohibition that commercial communications about these foods and beverages appear from “mothers or fathers, educators, teachers, professionals of children's programs, athletes, artists, influencers, people or characters of relevance, public notoriety or proximity to the children, whether real or fictional, who due to their career are likely to be an example for minors.”
In this sense, the regulatory project defines the term influencer as a person with a high degree of influence on children and young people due to their “high level of followers”, without establishing a specific range of the number of followers.
The rule also provides for restrictions on the way in which advertising for these foods and beverages can be displayed on the internet. In particular, it establishes that their appearance on video sharing services through social networks with a user profile will be permitted if the platform or network has effective mechanisms to prevent these communications from being directed at children.
