The provision “Commercial communications of foods and beverages that contain foods and substances that are not recommended for excessive consumption in general diets can not be included in, or together with children’s programmes.” as stated in article 9.7 of the directive has been clarified by the ammendment published in the Official Gazette dated 27.03.2018. The list of foods and beverages that are not recommended for excessive consumption, which was expected to be published by the Ministry of Health has been published with this ammendment. Besides that, the warning messages which should be placed in the form of a subtitle in the advertisements of the mentioned product groups which to be broadcasted at the beginning of, at the end of and in the children programmes has been published by the Radio and Television Supreme Council (RTÜK).
Food and beverages are divided into red, orange and green categories by the “Nutrition Profile List of Food and Beverages ” issued by the Ministry of Health and restrictions on the advertising of related foods and beverages are introduced according to the corresponding color categories – except for the green category.
As a result of the relevant regulation, the foods for which excessive consumption is not recommended and listed in the red category by the Ministry of Health are stated as follows: chocolate and candies, wafers, energy bars, dessert sauces, cakes, biscuits, fruit pies, chocolate coated biscuits, cake mixes, chips, crisp snacks, fruit juices, energy drinks, all non-alcoholic beverages containing aroma, sugar or sweetener and ice creams. The ads of these foods and beverages had been prohibited at the beginning of, at the end of and in the children programmes. In the case of these foods and beverages ads to be broadcasted other than the “children programmes”, it is obliged to add an easily legible warning messages as subtitles of which 38 alternatives had been issued by RTÜK. The list prepared by the Ministry of Health can be found here and the list of warning messages here.
According to the enforcement date of the regulation, the review of RTÜK for the foods and beverages advertisements which are listed in the red category will start on April 11, 2018. For the foods and beverages advertisements which are listed in the orange category the review of RTÜK has a 2 year transitional period.
In addition, with the ammendment of the directive -regarding the provisions about the commercial marketing- “child” and “child programme” definitions are introduced for the first time. With that change in the directive, the child is defined as “everyone who is under 18” and “child programme” is defined as “any programme that aimed children, compromising the taste and learning habits of children”.