
Protecting Children: How European Law Regulates “Junk Food” Advertising
Unlike the outright bans applied to tobacco or prescription medicines, EU law regarding HFSS advertising focuses on co-regulation and self-regulation.
RMN News Healthcare Desk
New Delhi | March 11, 2026
With a new report from the World Obesity Foundation warning that over 220 million children could be obese by 2040, European nations and organizations are intensifying efforts to counteract this trend. At the forefront of this effort is a new publication from the European Audiovisual Observatory, which examines how legal frameworks across the continent address the omnipresent advertising of foods high in fat, sugar, and/or salt (HFSS), colloquially known as “junk food”.
The European Legal Framework
At the heart of these efforts is the Audiovisual Media Services Directive (AVMSD), which provides a roadmap for member states. Unlike the outright bans applied to tobacco or prescription medicines, EU law regarding HFSS advertising focuses on co-regulation and self-regulation. Member states are obliged to encourage the creation of national codes of conduct designed to temper the positive portrayal of junk food and shield children from undue exposure.
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Diverse National Approaches
While the AVMSD sets a harmonizing framework, its real-world implementation is diverse and complex. The sources highlight several distinct national strategies:
- Ireland: National regulators have established standards that prohibit the use of child-friendly characters and promotional offers in HFSS advertisements around children’s content.
- France: The government has gone beyond self-regulation by banning commercial advertising entirely during and around children’s programs on public television.
- Portugal: Rules here are particularly broad, spanning television, radio, cinema, and digital media, with bans based on audience composition and age brackets.
- The Netherlands: The Dutch self-regulatory organization has established a detailed Advertising Code for food products, which includes specific criteria for targeting children and restricts the use of children’s idols.
Gaps and Future Challenges
Despite these measures, the analysis reveals a “patchwork” of protections that could leave younger audiences vulnerable. For instance, video-sharing platforms are sometimes subject to lighter or less detailed rules than traditional broadcast media.
Furthermore, the regulation of junk food advertising now sits at the crossroads of media law and consumer law. As media environments continue to evolve, the report emphasizes the need for regulatory innovation and continued vigilance to keep pace with new advertising techniques, such as influencer marketing, that target young audiences online.
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