![]() ![]() The World Health Organization (WHO) reported that marketing to children has been described as inherently exploitative because children may be incapable of discerning its commercial intent but are susceptible to its influence. Even after the age of eight years old, it is not guaranteed that minors can identify the messages as biased since, as we adults know, they usually emphasize the positive aspects and avoid the negative aspects of the product. Regarding advertising, there are certain consensuses, 2 such as that up to the age of five, minors are unable to perceive the differences between programs and advertisements or that until approximately eight years of age they do not begin to identify in advertising an interest in persuading. It is something that can be inferred from reading countless legal texts. It is assumed that minors are, in general, unable to protect themselves. “ Unfortunately, marketing unhealthy food to children has been proven to be disastrously effective”. The incitement, proposition or invitation to carry out harmful activities should also be limited when said character is misrepresented with suggestions that, in other areas of food presentation, the Courts consider them enough to give rise to the risk of confusion. Therefore, the unlawful status in which the advertising of unhealthy foods has been established must be resolved, due to the continued infringement of Article 4 of Regulation 1924/2006 and the massive breaches of the self-regulation codes, in fraud of the Law of Food Security and Nutrition. Prior to the moment of the election, there has been an infringement of the right to freedom of enterprise or freedom of commercial expression, given that they only cover the making of honest, truthful and lawful advertising. In the legal sense, setting the debate on the plane of freedom forges the debate. However, the freedom of parents to reject the offer of unhealthy food is not an effective protection mechanism, because the advertising message of unhealthy food is usually misleading. Although parents do not have enough nutrition or medical expertise, they value children's health highly and change their buying habits when labelling clearly reveals the unhealthy elements of a product. Minors are vulnerable to predatory and inherently exploitative marketing that occurs in a context of massive rule breaking. Undoubtedly, children and adolescents require protection against harmful practices. ![]()
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