Use of animated figures on HFSS foods sanctioned by the Court
Chile
Aug 15, 2023
The Court of Appeals of Santiago has rejected Evercrisp Snack Productos de Chile SA's appeal against the sentence sanctioning the company for violating the food labeling law (Law No. 20,606) by depicting symbols, characters and drawings particularly appealing to children under 14, on food products having an energy, sodium, sugars and saturated fat content higher than the threshold established in article 120 bis of Decree 977 of 1996.
According to the Court there is no doubt that the use of the contested drawings falls under the prohibition. Paragraphs 1 and 2 of article 110 bis clearly state that advertising directed at children under 14 shall not be carried out, no matter the place, for any food that contains energy, sodium, sugars or saturated fat in amounts greater than those established in Table No. 1 of article 120 bis of the regulation. For this purpose, advertising is considered aimed at children under 14 if it uses children's characters and animations, cartoons, toys, children's music or voices, children's own language or expressions, or situations that represent children's daily lives, such as school and games.
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