Portugal/UK/Spain - The limitations on the advertising of unhealthy food products from a comparative perspective: Their regulation in Portugal and the United Kingdom as references for a reform in Spain

Objectives: This article aims to analyze the need to undertake a reform process in the regulation of administrative intervention on the advertising of unhealthy food products in our legal system, as an instrument to combat obesity, taking as reference the recent approval of standards of legal rank in Portugal and the United Kingdom. Methodology: The usual one in legal studies, with management of positive law, scientific doctrine, resolutions of regulatory bodies and jurisprudence. Results: Advertising self-regulation and co-regulation mechanisms have not served to stop the increase in obesity rates in the population, especially in minors. The effectiveness of the measures to limit and prohibit the advertising of these products requires their treatment in standards of a legal or regulatory nature, as well as the recognition of the exercise of public powers such as sanctioning, as has been done in countries such as Portugal and the United Kingdom. Conclusions: The Spanish legal system should adapt its determinations in the line that the countries object of this study are following, as an effective means of fighting obesity and promoting healthy nutritional habits, to achieve improvement in the future health of citizens.

Author(s):  Rozados Oliva, M. J.

Published in: Revista De Estudios De La Administración Local Y Autonómica