How Chile regulates food advertising

The law that regulates food advertising in Chile was developed by a group of parliamentarians and public health experts, with the support of the Ministry of Health. It was enacted in 2012 in response to the growing problem of childhood obesity in the country. At that time, Chile had the highest rate of childhood obesity in Latin America [1].

Timeline of the law's passage and implementation:

- 2012: The law is passed by the Chilean Congress

- 2013-2015: The government develops regulations and guidelines to implement the law

- 2015: Regulations and guidelines are finalised

- 2016 (27 June): The law comes into effect [1]

The law has two main components:

1. Nutritional labelling: All foods and beverages that are high in calories, sugar, sodium, or saturated fat must be labelled with a warning symbol. 
2. Advertising restrictions: Advertising of products high in calories, sugar, sodium, and saturated fat is prohibited in media targeting children under 14 years old or in programmes watched by at least 20% of children.

The implementation of Chile's food advertising law occurred in two phases

In the first phase, which began in June 2016, the law banned the advertising of high-in products (products high in calories, sugar, sodium, or saturated fat) in media intended for children under 14 years old or in programmes where children comprise at least 20% of the audience [2]. The law also prohibited the use of child-directed appeals in the advertising content of these products, such as child actors, cartoon characters, toys, games, or play.

The second phase of the law started in June 2018. Under this legislation, the promotion of food or beverage products that are too high in calories, sugar, saturated fats, and sodium, as determined by the Minister of Health, is strictly prohibited on television or in movies between the hours of 06:00 am and 10:00 pm. Additionally, the law extends to include a complete ban on advertising breast milk substitutes in any form. This progression from child-based restrictions in Phase 1 to both child-based and time-based restrictions in Phase 2 positions Chile's law as one of the most robust regulations of food advertising to date. It is also potentially the most promising statutory measure for reducing children's exposure to unhealthy food advertising [3].

What are the implications of the law?

The law has been credited with a significant reduction in the amount of unhealthy food advertising that children in Chile are exposed to. A newly published study by Dillman Carpentier and colleagues (2023) found that the law led to a 73% decrease in the number of high-in food ads aired during children's television programming compared to pre-regulation levels.

The study revealed a gradual decline in high-in food advertising throughout the different phases. Following the implementation of Phase 2, the quantity of advertisements promoting unhealthy foods experienced a 64% decline across all television programmes and a 77% decrease specifically during children's programming. Notably, this decrease was observed when the policy had banned all marketing material targeting kids between 6 am and 10 pm. Additionally, the promotion of high-in sodas and sweets, which were the most prevalent product categories in pre-regulation ads, became scarce in the post-regulation years.

Although complete elimination was not achieved, the progress made is noteworthy. Following the introduction of the 6 am-10 pm restriction in Phase 2, 29% of food ads continued to promote high-in products, constituting 34% of children's daily exposure to food ads. However, these figures indicate a marked improvement from pre-regulation projections, demonstrating the effectiveness of the phased approach.

While television has been the primary advertising medium in Chile, it is essential to consider the evolving landscape of food marketing, particularly online platforms. Dillman Carpentier et al. (2023) underscore the need for comprehensive regulations beyond traditional media to ensure the effectiveness of efforts to reduce children's exposure to unhealthy food marketing.

References

[1] Rodríguez Osiac L, Cofré C, Pizarro T, Mansilla C, Herrera CA, Burrows J, Castillo C. (2017) Using evidence-informed policies to tackle overweight and obesity in Chile. Rev Panam Salud Publica. Dec 19;41:e156. doi: 10.26633/RPSP.2017.156. PMID: 31384273; PMCID: PMC6645201.

[2] Dillman Carpentier, F.R., Mediano Stoltze, F., Reyes, M. et al. (2023) Restricting child-directed ads is effective, but adding a time-based ban is better: evaluating a multi-phase regulation to protect children from unhealthy food marketing on television. Int J Behav Nutr Phys Act 20, 62 https://doi.org/10.1186/s12966-023-01454-w

[3] Global Food Research Programme (2023) GFRP-UNC Marketing map 2023-03. Retrieved from https://www.globalfoodresearchprogram.org/wp-content/uploads/2023/03/GFRP-UNC_Marketing_map_2023_03.pdf