Enhancing India's HFSS Food Ad Regulations: Protecting Children from Unhealthy Marketing

Significant gaps in India's advertising policies for high fat, salt, and sugar (HFSS) foods highlight the need for robust regulations to better protect children from unhealthy food marketing. The research calls for expanded regulatory scope, clear food classification criteria, and health warnings to address the growing issue of childhood obesity.

A recent study conducted by the Public Health Foundation of India, UNICEF, and several other research institutes, including the Global Centre for Preventive Health and Nutrition at Deakin University, ICMR-National Institute of Nutrition, and the Department of Population Medicine at Qatar University, has scrutinized the marketing of foods high in fat, salt, and sugar (HFSS) in India. The research, led by Shalini Bassi and her team, investigates the effectiveness of current advertising policies through a SWOT analysis to determine their impact on children. The review identifies 13 national-level policies related to advertising, categorizing them as mandatory or self-regulatory based on their legal content. Among the nine mandatory policies, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, is the only regulation specifically restricting HFSS food advertisements targeted at children across all media.

Gaps in Current Regulations

Despite the presence of these guidelines, significant gaps remain, including the limited definition of 'child-targeted' advertisements and the lack of clear criteria for defining HFSS foods. The study suggests the need for a robust regulatory framework to protect children from advertisements not just directed at them but also from those they are exposed to in shared physical and virtual spaces. This approach aligns with global practices, such as those in South Korea and Chile, which have implemented watershed approaches to restrict unhealthy food advertising during specific hours.

The Burden of Childhood Obesity

The review highlights the dual burden of overnutrition and undernutrition in India, with a notable increase in childhood obesity predicted. The World Obesity Atlas 2023 forecasts an annual increase of 9.1% in childhood obesity between 2020 and 2035. The marketing of HFSS foods significantly influences children's consumption patterns, leading to higher risks of obesity and non-communicable diseases. Children are particularly vulnerable as they lack the cognitive ability to discern the commercial intent of advertisements and are highly impressionable. The review calls for expanding the scope of regulations to cover all forms of media and settings where children are exposed to HFSS food advertisements, as current policies primarily focus on advertisements directly targeting children.

Need for an Evidence-Based Food Classification System

The study underscores the importance of developing an evidence-based food classification system to accurately define HFSS foods. This would enhance the effectiveness of regulations by providing clear criteria for what constitutes unhealthy foods. The potential adoption of models like the WHO nutrient profile for the South-East Asia region or the NOVA classification system is suggested. These models can classify foods based on their level of processing and nutrient content, which is crucial for setting regulatory standards.

Introducing Health Warnings on HFSS Foods

Moreover, the introduction of health warnings during HFSS food advertising is recommended. This approach, similar to that adopted in France, would serve as an immediate measure to discourage the consumption of unhealthy foods while promoting healthy eating habits. The guidelines could mandate health warnings and health promotion messages to be displayed whenever HFSS foods and non-alcoholic beverages are advertised. Additionally, celebrities endorsing products should ensure the credibility of the claims made in advertisements, as required by the 2022 guidelines.

Addressing Limitations and Broadening Scope

The research also points out the limitations of existing regulations. For instance, the guidelines for preventing misleading advertisements do not comprehensively define 'junk food,' nor do they cover all forms of marketing that children are exposed to. The study suggests that the Indian government should broaden the regulatory scope from 'child-directed' advertising to all advertising that children are exposed to, including sponsorships, product placements, and point-of-purchase displays. Implementing watershed hours for advertisements through broadcast media during periods of high child viewership, such as between 6 p.m. and 11 p.m., could significantly reduce children's exposure to HFSS advertisements.

Towards Healthier Future for Children

While India has taken significant steps by introducing comprehensive guidelines in 2022, there are still many regulatory gaps that need to be addressed. Expanding the regulatory scope, defining HFSS foods accurately, and introducing health warnings are crucial steps. The study emphasizes the importance of engaging various regulatory authorities, such as the Central Consumer Protection Authority and the Food Safety and Standards Authority of India, to shape future policies. By addressing these gaps and strengthening legal measures, India can better protect children from the harmful impacts of HFSS food marketing. Robust regulation and further research will play a pivotal role in creating an environment that supports the health and well-being of children in India.