There are two of the numbers that alarmed Minister of Nutrition Cem Özdemir (Greens): Children in Germany see an average of 15 commercials for products with a high sugar, fat or salt content every day. That would have shown media analysis. And more than 90 percent of the advertising that children see on the Internet or on television advertises fast food, snacks or sweets.
Özdemir wants to better protect children under the age of 14 from “sugar bombs,” as he calls them, more precisely: he wants to protect children from advertising for these products. To this end, he has formulated a draft law, which, however, still has to be coordinated with the federal states, the other departments and, above all, with the coalition partners. The FDP should be on the alert for Özdemir’s plans, as always when it comes to more regulation for companies.
That’s why Özdemir emphasized on Monday when he presented the plans, which he doesn’t intend to do: “We’re not making a general advertising ban. And we certainly aren’t banning any food.” The 2024 European Football Championship, which will take place in Germany, “does not have to be awarded to another country,” says the minister. There will be transition periods and there will be no intervention in existing sponsorship contracts. Advertisements for chocolate and chips are still allowed, but only if these advertisements are no longer explicitly aimed at children.
What does that mean exactly? Özdemir’s plans are contradictory in detail. The situation is clear, for example, with commercials that work with children as actors and in which extremely sugary, fatty or salty snacks are advertised. These would be banned in the future. A targeted childish product presentation for these products, for example in bright colors or with cartoon characters, would also be prohibited. In addition, all TV advertising for unhealthy sweets between 6 a.m. and 11 p.m. should be banned.
The new law covers all media relevant to children, from classic television to advertising in influencer videos on YouTube – and this is where it gets complicated. Because on TV, according to the Ministry of Food’s reading, every program that is shown between 6 a.m. and 11 p.m. is potentially aimed at children. There is no such time limit for online videos for understandable reasons. A TV spot during the half-time break of a live Bundesliga match at 8:30 p.m., in which a soccer player bravely bites a chocolate bar, would therefore be banned in the future. However, if an influencer bites into the same chocolate bar and tries not to explicitly address children in her video, then that is allowed.
A self-commitment by the industry has too little effect
Despite such ambiguities, Özdemir believes he has good arguments on his side with his law, and not just because his project is part of the coalition agreement. A self-commitment by the industry shows too little effect. In addition, countries such as Great Britain and Austria have already passed similar laws.
The so-called nutrient profile model of the World Health Organization (WHO) serves as the basis for assessing whether a food contains too much sugar, fat or salt. The EU has explicitly stated that the values set there could be the basis for possible regulatory measures, according to Özdemir. The WHO recommends a maximum of ten grams of fat, 15 grams of sugar and 1.6 grams of salt per 100 grams for breakfast cereals.
It bothers him when nutrition experts say that children eat twice as much sweets and snacks as recommended, but only half as much fruit and vegetables as is necessary for a healthy diet, says Özdemir. “But children don’t eat unhealthily on purpose, so we have to protect them.”
The Green Minister compares the fight for more children’s rights in advertising with the fight for a ban on smoking indoors. That was once highly controversial and now accepted by almost everyone. “In 20 or 30 years we will ask: Was the debate really meant seriously at the time?”