CODE ON RESPONSIBLE MARKETING OF FOOD AND ...

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CODE ON RESPONSIBLE MARKETING OF FOOD AND BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM 1st Edition January 2021 A tool to protect children from irresponsible food marketing KEMENTERIAN KESIHATAN MINISTRY OF HEALTH

Transcript of CODE ON RESPONSIBLE MARKETING OF FOOD AND ...

CODE ON RESPONSIBLE MARKETING OF FOOD AND BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM

1st Edition January 2021

A tool to protect children from irresponsible food marketing

KEMENTERIAN KESIHATANMINISTRY OF HEALTH

CODE ON RESPONSIBLE MARKETING OF FOOD AND

BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM

1st EDITIONJanuary 2021

FOREWORD

ACKNOWLEDGEMENT

GLOSSARY

1. INTRODUCTION

2. DEVELOPMENT OF THE CODE

3. AIMS AND SCOPE OF THE CODE

4. GUIDING PRINCIPLES

5. MARKETING CONTROL SYSTEM

6. APPENDICES:

APPENDIX 1: SETS OF RECOMMENDATIONS ON MARKETING OF FOODS AND NON-ALCOHOLIC BEVERAGES TO CHILDREN

APPENDIX 2: BRUNEI DARUSSALAM NATIONAL MULTISECTORAL ACTION PLAN FOR PREVENTION AND CONTROL OF NON-COMMUNICABLE DISEASE (BRUMAP-NCD) 2013-2018

APPENDIX 3: MULTI-SECTORAL TASKFORCE ON HEALTH (2017)

APPENDIX 4: TIMELINE FOR REGULATION OF MARKETING OF FOOD AND BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM

APPENDIX 5: CURRENT LEGISLATIONS ON ADVERTISEMENT

APPENDIX 6: LIST OF AGENCIES INVOLVED IN CONSULTATIVE SESSIONS

APPENDIX 7: LIST OF FOOD AND ADVERTISEMENT AGENCIES INVOLVED IN FOCUS GROUP DISCUSSION

APPENDIX 8: INTERNATIONAL CODE OF BREAST MILK SUBSTITUTE

APPENDIX 9: NATIONAL BRUNEI DIETARY GUIDELINE FOR HEALTHY EATING BRUNEI DARUSSALAM

APPENDIX 10: GUIDELINE ON MARKETING OF FOOD AND BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM

APPENDIX 11: FLOWCHART FOR APPLICATION PROCESS OF CONTENT OF ADVERTISEMENT ON OTHER PLATFORMS

APPENDIX 12: FLOWCHART FOR ACTIONS ON COMPLAINTS ON THE ADVERTISEMENT RELATED TO THE CODE OF RESPONSIBLE MARKETING OF FOOD AND BEVERAGES TO CHILDREN

APPENDIX 13: FREQUENTLY ASKED QUESTIONS

REFERENCES

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TABLE OF CONTENTS

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 1

Alhamdulillah, with the grace and blessings of allah Subhanahu Wata’ala, Brunei Darussalam has achieved another significant milestone in the development of an essential health policy for our children, especially in improving the nutritional environment where they live, learn and play.

Good nutrition during childhood and adolescence is essential for growth and development, health and well-being. Eating behaviours and food choices established during childhood tend to persist through to adulthood and contribute to long-term health outcomes. Food marketing (including beverages) influences children eating behaviours and food choices and is a significant risk factor for childhood obesity (WHO). Furthermore, as they are still maturing intellectually, children are highly vulnerable to marketing as they do not understand its persuasive intent and lack the cognitive ability needed to interpret marketing messages critically.

In Brunei Darussalam, the introduction of the control of marketing of unhealthy food and beverages to children has been identified as one of the strategic priorities in creating a more conducive food environment to provide healthier options and to practice healthy lifestyles. Thus, an initiative to develop a Code of Responsible Marketing of Food and Beverages to Children in Brunei Darussalam was undertaken in 2018 under the behest of the Multisectoral Taskforce for Health: Giving Every Child the Best Start in Life.

The Code of Responsible Marketing of Food and Beverages to Children in Brunei Darussalam serves as a guidance for food and marketing industries to be responsible on the marketing of their food and beverage products, particularly to children, for the benefit of children’s health. The Code is also a useful resource and reference guide for policymakers and relevant stakeholders including schools, in controlling the marketing of food and beverages to children in the country.

The implementation of the Code will be undertaken in phases on various platforms of advertisements and

marketing such as printed media on billboards, posters, newspapers and magazines, during exhibitions, in cinemas, news websites as well as local radio and television channels. Compliance to the Code is currently on a voluntary basis, however, relevant stakeholders as well as vendors are strongly encouraged to adhere to the Code and put this into practise. It is hoped that after a suitable period of time the Code can be mandated formally.

Lastly, I would like to take this opportunity to extend my greatest appreciation to all members of the professional and technical committees, from the Ministry of Health as well as other agencies who have been involved in and contributed to the development of this Code for their valuable inputs and time.

With the collective efforts from all relevant agencies, stakeholders, community members and individuals in our beloved country, we can help ensure that all our children will always be given the best possible environment to grow up healthily and enjoy good quality of life. May Allah SWT continue to bless us and our population, especially our children, with good health and wellbeing, Aameen.

FOREWORD BY

Yang Berhormat Dato Seri Setia Dr Hj Md Isham bin Hj Jaafar

Minister of Health Brunei Darussalam

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam2

ACKNOWLEDGEMENTS

Prime Minister’s Office

Ministry of Energy

Ministry of Health

Ministry of Home Affairs

Ministry of Transport and Info-communications

Attorney General’s Chambers

Radio Television Brunei

Authority of Building Construction and Industry,

Ministry of Development

Department of Schools, Ministry of Education

Private Education Section, Ministry of Education

Department of Religious Studies, Ministry of

Religious Affairs

Sultan Haji Hassanal Bolkiah Tahfiz Institute,

Ministry of Religious Affairs

Authority for Info-communication Technology

Industry

DST Communication Sdn. Bhd.

Women’s Council

Mosque Affairs Community

Representatives from selected schools under

Ministry of Education and Ministry of Religious

Affairs

Members of Parent-Teachers Associations from

selected schools (parents and teachers)

Darussalam Enterprise

Cityneon Display & Construction Sdn Bhd

Hoco Agency

Jollibee Brunei

A Ayam Restaurant

Project Ice-Cream

Gong Cha

The Code of Responsible Marketing of Food and Beverages to Children in Brunei Darussalam has been

developed in collaboration with the Western Pacific Region World Health Organisation in line with WHO’s

recommendation to curb childhood obesity in the region.

Warmest appreciation and gratitude goes to Dr Hj Zulaidi bin Haji Abdul Latif, Deputy Permanent Secretary

of Health (Professional) for his valuable insights and advice on the content of the Code.

Special thanks to student interns from University Brunei Darussalam for their splendid work in conducting

observational situational analyses on the advertisement of food and beverages in Brunei & Muara District

and conducting pilot surveys on the draft Code; also to colleagues from the Health Promotion Centre and

other departments under the Ministry of Health for their positive team-work in making the development

of this document a success.

Special commendations and appreciation to all agencies involved in the regulation of food and beverages

advertisements in Brunei Darussalam ; food and advertising agencies, both in the government and private

sectors; Non-Government Organisations; schools’ representatives and parents, who have given their kind

cooperation and provide valuable inputs and feedback during the consultation and development process

of the Code:

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GLOSSARY

‘Adolescents’ refers to persons of age 10 – 19 years old according to WHO definition.

‘Advertisement’ refers to any message, notice or announcement on food and beverages addressed to children or likely to attract children or families with children (directly or indirectly through promotional offers of a product or service) including mascots with intention to influence the choice, opinion or behaviour of children, their parents, guardians or caregivers in any advertising medium listed in Section 3 during any events in any public places including schools. Advertisement is one type of marketing

component.

‘Child’ refers to a person who has not attained the age of 14 years (Children and Young Persons Act

(Chapter 129), revised 2012)).

‘Child-dedicated radio and television’ includes programmes on channels on both free-to-air and subscription radio and television that specifically target children.

‘Direct-response mechanisms’ are those that allow consumers to place orders without face-to-

face contact with the supplier.

‘Food and beverages products’ refers to any food and beverage products marketed in Brunei, including meals or individual menu items by restaurant owners and other food service providers.

‘Guideline on Marketing of Food and Beverages To Children in Brunei Darussalam’ refers to the common nutrition profile for food and beverage products that is endorsed by Ministry of Health, which will be adopted by all companies for food and beverage marketing communications targeted primarily at children (refer Appendix 10).

‘Marketing’ refers to any forms of commercial communication or message that is designed to, or has the effect of, increasing the recognition, appeal and/or consumption of particular products and services. It comprises anything that acts to advertise or otherwise promote a product or service. Marketing includes advertisement, sponsorship and promotion.

‘Media platforms’ refers to traditional media such as radio, television, newspapers, magazines and

billboards; and new media such as social media and online application platforms.

‘Non-media platforms’ refers to product design and packaging, vending machines, loyalty schemes, free samples, free tastings and vouchers.

‘Social Responsibility’ refers to a concept whereby parties/companies balance their profit-making activities with activities that benefit society and this involves business with a positive relationship to the society in which they operate.

‘Unhealthy Food and beverages’ refers to food and beverages that do not comply with Guideline on Marketing of Food and Beverages To Children in Brunei Darussalam (Appendix 10).

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I. CURRENT SITUATION IN BRUNEI

From 1997 to 2016, the obesity rate in Brunei Darussalam has more

than doubled from 12% to 28%. Obesity rate among teenage children

nears 20% and the same worrying trends are seen in younger children

with 1-point increase in the prevalence of obesity every single year

since 2009.

These figures were observed despite increased awareness of healthy

eating and healthy lifestyle amongst the population and changes in

a number of areas such as getting healthier food into our schools

and communities, the integration of healthy eating in the school

curriculum, equipping parents with cooking skills, and other similar

programs.

Nutrition during childhood and adolescence is essential for growth and development, health and well-

being. Further, eating behaviours established during childhood track into adulthood and contribute to

long-term health and chronic disease risk. Among multiple factors influencing eating behaviours and

food choices of children and adolescents, food marketing targeting these age group is recognised as

one of the potential factors. Increased connectivity and the modern communication environment provide

food marketers with almost unlimited access to market their products, in particular to children and their

caregivers. Meta-analysis of many studies published in The American Journal of Clinical Nutrition 2016

revealed that marketing through different forms of communications play a big role in the nutrition and

dietary pattern of the children as they influence children’s food preferences, purchase requests and

consumption patterns. Moreover, as with many countries, today’s food system in Brunei Darussalam is

dominated by foods and beverages high in salt, free sugar and/or fats which undermine a healthy diet.

Additionally, consumption of unhealthy food and beverages as a result of marketing is now recognized as

a significant risk factor for child obesity and for the development of Non-Communicable Disease (NCD),

which is a major public health concern. Hence, this puts children’s health at risk.

Marketing of unhealthy food and beverages is evidenced in Brunei Darussalam by the existence of

marketing activities of unhealthy foods and beverages targeting children which is quite prevalent either

within or outside school compounds. Observational studies (unpublished) conducted in Brunei & Muara

District by the Health Promotion Centre in 2014 revealed more than half of food-related advertisements

on the billboards was on cheap ‘unhealthy foods and beverages’ placed at strategic areas including

INTRODUCTION1

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around shopping/restaurant areas or by traffic light junctions. Moreover, most (87%) of food-related

advertisements in mini-markets was found to be on unhealthy categories (high in salt, free sugar and/or

fats) with some incentives such as winning prizes and free gifts with purchase of their products. In another

study (2016), it was also observed that more than half of food-related advertisements in four local radio

stations aired during ‘peak hours’ were on fast foods, and the majority (73%) of the advertised beverages

were high in free sugar. The Health Promoting School Survey 2016 done to 363 schools revealed less

than a third (28.4%; n=103) of the schools (public and private) advertised food and beverages, where

majority advertised them through leaflet/flyers (41.7%; n=43) and posters (37.8%; n=39). Food products

advertised include soft drinks (28.2%; n=29), fast food (27.2%; n=28), other drinks such as plain water,

chocolate malt drinks and fruit juice (21.4%; n=22) and ice cream (5.8%; n=6). Nevertheless, 49.5% of

schools advertised information related to healthy foods and beverages.

Children form a distinct population that are especially vulnerable to marketing. As they are still maturing

intellectually, they are not yet able to discriminate at a perceptual level commercial from non-commercial

content, nor are they able to interpret advertising messages that may raise doubts on the truth or value

of an idea or belief. Each of these capabilities develops over time as a function of cognitive growth and

intellectual development.

Furthermore, as their dietary patterns and behaviours tend to persist through adolescence to adulthood,

this may lead to development of NCD. Management and treatment of NCD and its complication, as been

documented by many countries, not only incur high health cost for the country, but also produce negative

impact to the productivity of the country due to short- and long-term disability and premature death, for

example in the case of diabetes. In addition, as stated in United Nation Convention on the Rights of the

Child, children should be protected from economic exploitation and advertising organisation should not

take advantage of the gullibility of children. The convention further states that children have the right to

adequate food which should be beneficial to their health and well-being.

Protecting children from the negative impact of irresponsible marketing of food and beverages and giving

them opportunity to grow and develop in a more conducive food environment is a good investment for

health. This will contribute to reduced disease burden of NCDs and in the long run help to ensure healthy

and sustainable workforce necessary for the socioeconomic development of the country.

One of the action plans towards ending childhood obesity as recommended in WHO’s Report of The

Commission On Ending Childhood Obesity 2017, is to implement the set of recommendations on the

marketing of foods and non-alcoholic beverages to children in order to reduce the exposure of children and

adolescents to, and the power of, the marketing of unhealthy foods. Following the resolution passed by

WHO during the Sixty-third World Health Assembly (WHA 63.14) in May 2010, this set of recommendations

was endorsed in order to uphold responsibility on the marketing of foods and non-alcoholic beverages with

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam6

a high content of fat, sugar or salt (Appendix 1). It was then taken as one of the recommended actions

for the objective to promote balanced and healthy diet in Brunei Darussalam National Multisectoral Action

Plan for Prevention and Control of Non-Communicable Disease (BruMAP-NCD) 2013-2018 (Appendix 2),

and was also taken up as one of the initiatives under the purview of the Multi-sectoral Taskforce on Health:

Giving every child the best start in life (Appendix 3).

Ministry of Health’s strategy to regulate marketing of foods and beverages to children will adopt a stepwise

approach in terms of the scope of the Code. The initial step will involve regulating the advertisement and

promotion of food and beverages to children voluntarily. Succeeding steps will involve the regulation of

sponsorship with consideration of eventually mandating the Code legally. Furthermore, the regulation of

advertisement and promotion will also be conducted in phases focusing on various types of platforms.

Hence, this document will be updated periodically (Appendix 4).

ii. CURRENT LAWS ON MARKETING IN BRUNEI

Currently, there are no regulations or laws with regards to marketing of food and beverages to children.

However, some advertisements in general are currently being regulated through respective legislations

as listed below:

• Halal Certificate and Halal Label Order 2005 (ammendment 2017)

• Building Control Order, 2014 Building Control (Advertisement, Billboard and Signboard)

Regulations, 2016

• Newspaper Act (Chapter 105) revised 2013

• Public Entertainment Act (Chapter 181) revised 2013

• Public Health (Food) Act (Chapter 182)

• Public Health (Food) Regulations (R1, Chapter 182)

• Second Schedule Code of Practice For Advertising (Broadcasting Act (Chapter 180)) 2000 edition

These legislations regulate the general aspects of advertisement on their corresponding platforms. Some

of the clauses identified in the above legislation are complementary to that in this Code document.

Details on relevant clauses are enlisted in Appendix 5.

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In view of the current situation on advertisement of food and the absence of regulation on the

advertisement of food and beverages to children, the Ministry of Health through the Health Promotion

Centre conducted several activities towards the development of a code document on advertisement of

food and beverages to children.

Two consultative sessions with relevant agencies (listed in Appendix 6) including private sectors such as

those involved in broadcasting and other stakeholders such as parents, Non-Government Organisations

and community organisations were held in February 2018 in the Health Promotion Centre, Ministry of

Health. Following the consultations, a draft Code on Responsible Marketing Of Food And Beverages To

Children In Brunei Darussalam was drawn up. This document is complementary to and should be read in

conjunction with the current regulations and legislations pertaining advertisement in general, as above.

Following this, in collaboration with Brunei Darussalam Enterprise, a Focus Group Discussion was

conducted in the third quarter of 2019 among some food and advertising industries (Appendix 7) to get

their feedbacks on the Code. The Code was then further reviewed and refined by the current relevant

regulatory agencies.

DEVELOPMENT OF THE CODE2

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam8

This Code aims to:

• reduce the impact of marketing of unhealthy food and beverages amongst children using

various media and non-media platforms or medium and in public places such as restaurants,

schools and where children gather; and

• ensure responsible marketing of food and beverages to children among business owners,

media, advertising and marketing agencies.

• To provide a useful resource and reference guide to policymakers and relevant stakeholders in

controlling the marketing of food and beverages to children in the country.

Who is the Code for?This Code is intended for food and beverages:

• business owners (including supermarkets, convenience stores, traditional markets, kiosks

and cube shops)

• retailers in supermarkets, convenience stores, traditional markets and kiosks

• food-service providers (including Quick-service and full-service restaurants)

• restaurants

• caterers

• media and marketing agencies (including advertising)

• marketing regulators and practitioners

• sale promoters and distributors

• media influencers (for example bloggers)

• trade associations and representing bodies (including Commercial Fair Organisers)

• food operators within school community and

• public Health Policy makers, practitioners and researchers.

This Code is also intended for:

• publishers

• schools

• public authorities

• billboard owners

• newsagents

• bookshops

• internet search engines including social media

AIMS AND SCOPE OF THE CODE3

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Where does this Code apply to?This Code shall apply to any marketing of food and beverages directed to children in any form or medium

which are used in Brunei Darussalam that include, but is not limited to:

• advertisements in printed media and materials such as local newspapers, local magazines, posters,

brochures, leaflets, flyers, plastic cards including re-charge cards and purchase incentives (including

toys, vouchers, discounts and prizes);

• local radio and television commercials;

• local cinema commercials;

• advertisements displayed on billboards (including digital billboards), signboards, skysigns, free-

standing advertising structure;

• advertisements displayed on public transportation and delivery vehicles; and

• local digital news websites

This code shall also apply in settings where at least 50% of children gather such settings including, but

are not limited to, nurseries or child care centres, pre-schools and schools, playgrounds, maternal and

child health clinics and paediatric services and during any sporting, cultural activities and community

events.

Is there any exception?Marketing communications that constitute ordinary display in store/at point of sale are excluded

from the scope of this Code.

“Ordinary display in store/at point of sale” should be understood to mean:

• advertisements that are located within the actual premises of the store/restaurant or along its

frontage, including but not limited to, pallets and point of sale materials, the display of products on

shelves, at checkouts or in the aisles of the store; menu boards, tray mats, posters, flyers, table

stickers, hanging mobiles, standees, tent cards and TV screens.

• where the store/restaurant consists of outdoor areas or drive-throughs, “ordinary display in store/

at point of sale” shall include display of products within such outdoor area or along its frontage

and along the drive-through route.

The following should NOT be considered part of “ordinary display”:

• any retail points that are located outside the store or restaurant premises including trade fairs

(cinemas, trade show, trade exhibition or expo), pop-up stores, exhibition booths and conferences;

flyers or pamphlets distributed outside the store or restaurant premises (e.g. by staff or paid

promoters, or at third-party venues).

As an aside, the regulation of advertisement of breast milk substitute does not apply here (Appendix 8).

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam10

All marketing of food and beverages that may influence children, in any media shall adhere to the

principles set out in this document as follows:

Guidelines supporting Principle 1 are as follows:

1.1 Halal certification/Halal Permit (label) from Islamic Religious Council Brunei Darussalam is

mandatory for any food and beverages produced in Brunei Darussalam. Halal certificate/Halal

Permit label is required to be displayed in the said premise (Halal Certificate and Halal Label Order

2005 (amendment 2017).

1.2 Marketing must not undermine the role of parents, guardians or caregivers in educating children

to have a balanced diet and be healthy individuals.

1.3 Marketing must not urge children to ask or pressurise their parents, guardians or caregivers to

buy particular food or beverages for them.

1.4 Words or tones or pictures adopted in marketing must not encourage or pressure either children

into frequently or excessively consume, or their parents, guardians or caregivers into buying any

food and beverages including via direct-response mechanism through various methods such as:

1.4.1 featuring prices with words such as “only” or “just”, which implies a level of affordability

that may not be true;

1.4.2 promoting a different product or service targeting directly at children which is linked to a

food product of interest to children for example, promotion of a toy together with unhealthy food;

1.4.3 portraying substitution or replacement for a main meal on a regular basis, or undermine

the National Brunei Dietary Guidelines For Healthy Eating Brunei Darussalam (Appendix 9).

1.4.4 exaggerating benefits of foods for a nutritious diet and implies single food should replace

a healthy diet or undermine the importance of consuming a variety of foods.

1.4.5 portraying products as complete meals (for example lunch or dinner set) unless they are

formulated as a nutritionally-designed meal replacement.

1.4.6 Using the word ‘halal’ or halal logo as an attraction or guarantee on the nutrient value and

safety of the food product.

1.5 Promotion or advertisement must not include non-halal products such as products that

originate from swine or animals that has not been slaughtered in accordance with ‘Halal Syara’.

1.6 The quantity of the food depicted in marketing must be appropriate for consumption by a person

or persons of the age depicted. They must not suggest that a portion intended for more than

Principle 1:

All marketing to children must be prepared with and observe a sense of social

responsibility to consumers and to society.

GUIDING PRINCIPLES OF THE CODE4

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 11

one child is to be consumed by a single individual, or that an adult’s portion may be consumed by

a small child.

1.7 Nutrient and nutrition claims must comply with the requirements of the Public Health (Food)

Regulations (R1, Chapter 182) and Guideline on Marketing Of Food and Beverages To Children In

Brunei Darussalam (refer Appendix 10). Such claims should not mislead or deceive the consumer.

1.8 Marketing for slimming products or foods sold as an aid to slimming must not be directed to

children.

1.9 Food and beverages products marketed on any local radio and television must NOT:

1.9.1 be directly accessible from programmes commissioned for, principally directed at or

likely to appeal to children 15 minutes before, during or 15 minutes after child-dedicated

radio and television programming hours;

1.9.2 be aired at 6.30 to 7.30 a.m., 11.30 a.m. to 1.30 p.m. and 4.00 to 6.00 p.m.;

1.9.3 appear on editorial pages (text or interactive) such as TV tickers and pop-up

advertisements that are likely to be of particular appeal to a significant audience of children.

1.10 Marketing must not be accessible before and after cinema movies watched by children under

14 years old (with or without adult).

1.11 Marketing must not promote inactive or unhealthy lifestyles nor should they show people who

choose a healthy active lifestyle in a negative manner.

Guidelines supporting Principle 2 are as follow:

2.1 Marketing should be clearly recognizable as such by children and separated from editorial,

programmes or other non-advertising content.

2.2 Marketing should take into account the level of knowledge, sophistication and maturity of the

intended audience.

2.3 Marketing must not suggest that consumption of the advertised food and beverages would make

children feel superior, more confident, clever, popular or successful.

2.4 Marketing must not suggest that non-consumption of the advertised food and beverages would

make children feel inferior, unpopular, lacking in courage, or loyalty.

2.5 Marketing must not mislead in relation to any nutritional value of any food and beverages. Foods

high in sugar, fat and/or salt, especially those marketed to and/or favoured by children, must not

be portrayed in any way that suggests they are beneficial to health.

Principle 2:

All marketing to children should not make use of children’s credulity, loyalty,

vulnerability or lack of knowledge and experience or without reason, use fear to

mislead or deceive them.

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam12

2.6 Marketing on foods high in sugar should not claim to be “low fat” or “fat free” which could mislead

the consumer to believe the food is low in energy or beneficial to health.

2.7 Marketing on food high in fat must not claim to be “low in sugar” or “sugar-free” which could

mislead the consumer to believe the food is low in energy or beneficial to health.

2.8 Marketing must not exploit children’s susceptibility to any charitable appeals.

2.9 Marketing must not exaggerate the value of prizes or the chances of winning them.

2.10 Marketing must make clear that adult permission is required if a prize or an incentive might cause

conflict between a child’s desire and a parent’s or other adult’s authority.

Guidelines supporting Principle 3 are as follows:

3.1 Child actors must not be featured in advertisements related to the marketing of foods and

beverages to children.

3.2 Popular personalities or characters (live or animated) well-known to children must be used with

due sense of social responsibility to consumers and society.

3.3 Popular personalities or characters (live or animated) well-known to children (including mascot)

must not be used to promote or endorse unhealthy food and beverages products.

3.4 Marketing must not suggest that consumption of advertised food and beverages would enable

children to resemble an admired figure or role-model.

3.5 Marketing must not suggest that the non-consumption of the advertised food and beverages

would imply that the children are not being loyal to the figure or role-model they admire.

Principle 3:

Popular personalities or characters well-known to children including child actors should not

be used in marketing to promote food in such a manner as to undermine a healthy diet as

defined by the Guideline on Marketing Food and Beverages in Brunei Darussalam.

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This Code shall be implemented and monitored by five Divisions/Departments under the Ministry of Health,

which comprise of Department of Policy and Planning; Corporate Communication Division, Department of

Policy and Planning; Health Promotion Centre; Department of Pharmaceutical Services and Community

Nutrition Division, Department of Health Services.

Roles and responsibilities of the respective departments are as follows:

Any applications to relevant regulatory agencies for putting up advertisements on food and beverages to children on any medium must adhere to the Guideline on Marketing Of Food and Beverages To Children in Brunei Darussalam as in Appendix 10. All marketing on food and beverages to children must comply with all the terms and conditions stated in this Code. Appropriate actions will be taken should any of the statements

are breached (Appendix 11)

Any concerns or complaints from the public on marketing on food and beverages in relation to the Code will be forwarded to Ministry of Health and the respective regulatory agencies. Appropriate actions will be taken accordingly if marketing breaches the Code (Appendix 12). All complaints should be submitted in writing with full postal address and contact information, accompanied by sufficient details of the complaints for the respective regulatory body to act. Such complaints will be investigated further for verification and further actions.

DEPARTMENTS INVOLVED ROLES AND RESPONSIBILITIES

Department of Policy and Planning Provide legal advice relating to the Code;

Corporate Communication Division Fosters the internal and external relations function of Ministry of Health particularly this Code;

Health Promotion Centre Monitor and evaluate the implementation of the Code, including:

• Review application for food and beverages advertisement to children

• Monitor compliance of industries to the Code• From time to time, investigate and verify reports of

violation of the Code

Department of Pharmaceutical Services Regulate the safety, quality and effectiveness of medicines/supplements related to the Code;

Community Nutrition Division Evaluate all marketing materials within the scope of the Code in particular information related to nutrition content in the advertisements and determining whether the application for advertisements is acceptable or otherwise;

MARKETING CONTROL SYSTEM5

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APPENDIX 1

1. The policy aim should be to reduce the impact on children of marketing of foods high in saturated

fats, trans-fatty acids, free sugar, or salt.

2. Given that the effectiveness of marketing is a function of exposure and power, the overall policy

objective should be to reduce both the exposure of children to, and power of, marketing of foods

high in saturated fats, trans-fatty acids, free sugar, or salt.

3. To achieve the policy aim and objective, Member States should consider different approaches, i.e.

stepwise or comprehensive, to reduce marketing of foods high in saturated fats, trans-fatty acids,

free sugar, or salt, to children.

4. Governments should set clear definitions for the key components of the policy, thereby allowing for

a standard implementation process. The setting of clear definitions would facilitate uniform

implementation, irrespective of the implementing body. When setting the key definitions Member

States need to identify and address any specific national challenges so as to derive the maximal

impact of the policy.

5. Settings where children gather should be free from all forms of marketing of foods high in saturated

fats, trans-fatty acids, free sugar, or salt. Such settings include, but are not limited to, nurseries,

schools, school grounds and pre-school centres, playgrounds, family and child clinics and paediatric

services and during any sporting and cultural activities that are held on these premises.

6. Governments should be the key stakeholders in the development of policy and provide leadership,

through a multi-stakeholder platform, for implementation, monitoring and evaluation. In setting

the national policy framework, governments may choose to allocate defined roles to other

stakeholders, while protecting the public interest and avoiding conflict of interest.

7. Considering resources, benefits and burdens of all stakeholders involved, Member States should

consider the most effective approach to reduce marketing to children of foods high in saturated

fats, trans-fatty acids, free sugar, or salt. Any approach selected should be set within a framework

developed to achieve the policy objective.

8. Member States should cooperate to put in place the means necessary to reduce the impact of

cross-border marketing (in-flowing and out-flowing) of foods high in saturated fats, trans-fatty

acids, free sugar, or salt to children in order to achieve the highest possible impact of any national

policy.

W.H.O SET OF RECOMMENDATIONS ON MARKETING OF FOODS AND NON-ALCOHOLIC

BEVERAGES TO CHILDREN:

APPENDICES6

(PTO)

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 15

9. The policy framework should specify enforcement mechanisms and establish systems for their

implementation. In this respect, the framework should include clear definitions of sanctions and

could include a system for reporting complaints.

10. All policy frameworks should include a monitoring system to ensure compliance with the objectives

set out in the national policy, using clearly defined indicators.

11. The policy frameworks should also include a system to evaluate the impact and effectiveness of

the policy on the overall aim, using clearly defined indicators.

12. Member States are encouraged to identify existing information on the extent, nature and effects of

food marketing to children in their country. They are also encouraged to support further research

in this area, especially research focused on implementation and evaluation of policies to reduce

the impact on children of marketing of foods high in saturated fats, trans-fatty acids, free sugar,

or salt.

Source: WHO Set Of Recommendations On The Marketing of Foods and Beverages To Children (WHO2010)

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam16

APPENDIX 2

BRUNEI DARUSSALAM NATIONAL MULTISECTORAL ACTION PLAN FORPREVENTION AND CONTROL OF NON-COMMUNICABLE DISEASE

(BRUMAP-NCD) 2013-2018:OBJECTIVE 2: To promote balanced and healthy diet.

RECOMMENDED ACTIONS FOR MINISTRY OF HEALTH

1. To ensure compliance to the National Dietary Guidelines.

2. To develop and implement policies that limit salt, sugar and saturated fat and eliminate partially

hydrogenated vegetable oil (PHVO) in processed foods.

3. To develop and implement policies to reduce the impact of marketing of food and non-alcoholic

beverages high in sugar, salt and fat to children.

4. To develop and implement mandatory food labelling for all domestic and imported food products

including a consumer-friendly labelling to identify healthier food products.

5. To ensure healthier dietary options in schools, workplaces and where children gather.

6. To conduct sustained mass media campaigns to increase consumption of fruits and vegetables.

7. To develop and implement guidance to interact with food industry for implementing policies.

Source: Brunei Darussalam National Multisectoral Action Plan For Prevention And Control Of Non-Communicable Disease (Brumap-Ncd) 2013-2018

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 17

Target: No increase in childhood obesity rate for the next two years (until 2020)

Action plan:

1. Implementation of Nutrition and Physical Activity Guidelines in child care centres

2. Improving compliancy of canteen vendors to guidelines:

a. Revision of existing school canteen guidelines

b. Reviewing contracts for canteen and feeding scheme services

3. Implementation of physical activity policy in schools

4. Consolidation of SIHAT CERGAS and FIT4GOOD programme

5. Food marketing:

a. Food advertising

b. Control of vendors outside the schools

c. Control of unhealthy food promotion

6. Increasing exclusive breastfeeding rates

7. Students’ BMI profiling in school

APPENDIX 3

MULTI-SECTORAL TASKFORCE FOR HEALTH (2017)

Theme: ‘Giving every child the best start in life’

Vision: to reduce childhood obesity rate

REDUCE CHILDHOOD OBESITY

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam18

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Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 19

APPENDIX 5

CURRENT LEGISLATIONS ON ADVERTISEMENT:

(PTO)

A. Building Control Order, 2014 Building Control (Advertisement, Billboard and Signboard) Regulations, 2016Interpretation.

2. In these Regulations, unless the context otherwise requires –

“advertisement” means any logo, symbol, sign, notice, representation or other visual device that promotes any goods, brand of products, services or events and includes any logo, symbol, sign, notice or representation that is projected on to any external surface of a building or structure by light or any other means;

“animated billboard” means an advertisement that exhibits, at any one time, one or more advertisements consisting of visual moving pictures or that are otherwise able to move or change colours due to the use of electrical, mechanical or other sources of power;

“balloon sign” means an advertisement or signboard that is inflated, tethered to and suspended above any building or premises or open ground and is conspicuously visible against the sky from the ground;

“signboard” means any sign, notice, representation or other visual device containing all or following information relating to which it is affixed – (c) particulars of any business or occupation carried on at the place or premises, including any logo or symbol that identifies the business or occupation

“skysign” means any advertising structure that is exhibited – (a) On or above the roof, parapet or eaves of a building or extends above the roof line of a building, and is conspicuously visible against the sky from the ground; and(b) Containing only particulars, including any logo or symbol, of the name or owner of the building to which it is affixed.

Requirement for written approval

3 (1). No person shall exhibit or cause or permit to be exhibited outdoors, any advertisement, animated billboard, balloon sign, directional sign, signboard or skysign, whether on the exterior surface of any building or any part of any premises or on any free-standing advertising structure, without the prior written approval of the Authority.

3 (2). Notwithstanding sub-regulation (1), the written approval of the Authority shall not be required for the following –

(c) any advertisement in a shop unit, shopping mall or shopping arcade;

Alteration to advertisement etc.

9. The words, information and content displayed on any advertisement, animated billboard, balloon sign, directional sign, signboard or skysign approved under these Regulations shall not be altered without the prior written approval of the Authority.

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam20

(PTO)

B. Children and Young Persons Act (Chapter 129), revised 2012

Interpretation.

2. (1) In this Act, unless the context otherwise requires -“child” means a person who has not attained the age of 14 years.

C. Newspaper Act (Chapter 105), revised in 2013

Interpretation.

2. In this Act –“newspaper” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence or occurrences, or to any other matter of public interest, or any magazine, comic or other form of periodical, printed for sale or free distribution at regular or irregular intervals and includes a supplement thereto but does not include any publication issued by or under the authority of the Government or of any public body;

D. Public Entertainment Act (Chapter 181)

Interpretation.

2. In this Act, unless the context otherwise requires – “public entertainment” includes – …

(n) trade fairs consisting in the exhibition, advertisement or sale of the products of industries or of materials

E. Public Health (Food) Act (Chapter 182)

Interpretation.

2. In this Act, unless the context otherwise requires – “advertisement” means any representation by any means whatsoever for the purpose of directly or indirectly promoting the sale or other disposal of any food;

“food” includes any substance manufactured, processed, sold or represented for use for human consumption, chewing substances, and any ingredient there of;

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 21

F. Public Health (Food) Regulations (R1,Chapter 182)

Misleading statements.

14 (1). No written, pictorial or other descriptive matter appearing on or attached to, or supplied

or displayed with any food shall include any false or misleading statement, word, brand,

picture, or mark purporting to indicate the nature, stability, quantity, strength, purity,

composition, weight, origin, age, effects, or proportion of the food or any ingredients there

of.

(3). Unless specifically permitted by these Regulations, claims for therapeutic or prophylactic

action or words of similar meaning shall not be made on any food.

(5). There shall not appear on any label any word or words implying that a food will prevent,

alleviate or cure any disease or condition affecting the human body.

(6). There shall not appear on any label any words implying that health or an improved physical

condition may be achieved by consuming any food.

(PTO)

G. Second Schedule Code of Practice For Advertising (Broadcasting Act

(Chapter 180))

Introduction:

a) This Code of Practice (hereinafter refer to as “the Code”) is issued under section 9 of the Broadcasting Act and applies to all advertisements broadcast or intended for broadcast on television and radio.

b) The provisions in this Code should be observed in the spirit as well as the letter. Broadcasters including editors and producers of television and radio programmes should ensure that advertisements which fail to meet the provisions in this Code are not broadcast.

c) All advertisements should be legal, decent and truthful. Any advertisement which is against public interest, national harmony or is offensive or against public decency should not be broadcast.

f) Consumer interest should be safe-guarded. Any advertisement broadcast should be true and accurate in terms of the information conveyed.

The following guidelines should be compiled with in any advertisement

intended for broadcast:

5. Claims and Comparisons.

a) Advertisements should not contain claim or comparisons which are misleading directly

or otherwise, or highly exaggerated.

8. Endorsements by Professionals.

Where endorsements by professionals are used in advertisement, prior approval should be

obtained from related professional bodies.

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam22

APPENDIX 6

APPENDIX 7

LIST OF AGENCIES INVOLVED IN CONSULTATIVE SESSIONS:

1. Prime Minister’s Office

2. Ministry of Energy

3. Ministry of Health

4. Ministry of Home Affairs

5. Ministry of Transport and Info-communications

6. Attorney General’s Chamber

7. Radio Television Brunei

8. Authority of Building Construction and Industry, Ministry of Development

9. Department of Schools, Ministry of Education

10. Private Education Section, Ministry of Education

11. Department of Religious Studies, Ministry of Religious Affairs

12. Sultan Haji Hassanal Bolkiah Tahfiz Institute, Ministry of Religious Affairs

13. Authority for Info-communication Technology Industry

14. DST Communication Sdn. Bhd.

15. Women’s Council

16. Mosque Affairs Community

17. Headmasters/principals/administrative personnels from selected schools under Ministry of Education

and Ministry of Religious Affairs

18. Members of Parent-Teachers Associations from selected schools (parents and teachers)

LIST OF FOOD & ADVERTISING AGENCIES INVOLVED DURING

FOCUS GROUP DISCUSSION:

1. Cityneon Display & Construction Sdn Bhd,

2. Hoco Agency

3. Jollibee Brunei

4. A Ayam Restaurant

5. Project Ice-Cream

6. Gong Cha

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam 23

APPENDIX 8

APPENDIX 9

INTERNATIONAL CODE OF BREAST MILK SUBSTITUTE

The World Health Assembly adopted the International Code of Marketing of Breastmilk Substitutes in 1981

to protect and promote breastfeeding, through the provision of adequate information on appropriate infant

feeding and the regulation of the marketing of breastmilk substitute, bottles and teats. In subsequent

years additional resolution have further defined and strengthened the Code.

The Code stipulated that there should be absolutely no promotion of breastmilk substitutes, bottles and

teats to the general public; that neither health facilities nor health professionals should have a role in

promoting breastmilk substitute; and that free samples should not be provided to pregnant women, new

mothers or families. All governments should adopt the Code into national legislation.

Source: International Code of Marketing of Breastmilk Substitutes

NATIONAL DIETARY GUIDELINES FOR HEALTHY EATING

BRUNEI DARUSSALAM

Key Messages:

1. Enjoy a wide variety of nutritious foods daily within the recommended amount.

2. Maintain calorie intake balanced with regular physical activity to keep body weight in healthy range.

3. Base meal on rice, bread, potatoes, pasta, noodles or other carbohydrates with at least half from

wholegrain.

4. Eat at least two servings of fruit and three servings of vegetables every day.

5. Eat fish, poultry, lean meat, legumes, nuts and other proteins in moderation.

6. Limit intake of fatty foods and use the recommended cooking oil sparingly.

7. Reduce intake of sugary foods and beverages.

8. Reduce salt and sauces in cooking and food preparations, and choose foods with less salt.

9. Practice exclusive breastfeeding for the first six months and continue breastfeeding until two years

while give nutritious, complementary foods from six months of age.

10. Ensure food and beverages are prepared hygienically, as well as clean and safe to consume.

11. Read and understand food labels to make healthier choices.

Source: National Dietary Guidelines For Healthy Eating Brunei Darussalam

Code On Responsible Marketing Of Food And Beverages To Chi ldren In Brunei Darussalam24

APPENDIX 10GUIDELINE ON MARKETING OF FOOD

AND BEVERAGES TO CHILDREN IN BRUNEI DARUSSALAM

A tool to protect children from irresponsible food marketing

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 25

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam26

Guideline On Marketing Of Food And Beverages To Children In Brunei Darussalam is adapted from the

W.H.O (World Health Organisation) Nutrient Profile Model for the Western Pacific Region to be used

as a reference to the Policy on Responsible Marketing Of Food and Beverages To Children in Brunei

Darussalam.

Nutrient profiling has been recognized by W.H.O as critical tools for the implementation of restrictions on

the marketing of food and beverages to children in order to prevent disease and promote health. They

provide a way to differentiate between food and non-alcoholic beverages that are more likely to be part

of a healthy diet, and food that may contribute to excess consumption of energy, saturated fats, trans-

fats, sugar and salt.

This Guideline is designed for use by:

• business owners,

• media and advertising agencies,

• advertisers, advertisement regulators and practitioners,

• sale promoters and distributors,

• media influencers (for example bloggers),

• operators within school community and;

• Public Health Policy makers, practitioners and

• researchers

This Guideline aims to restrict marketing of food and non-alcoholic beverages by assisting users in

choosing the permitted type of food and beverages they want to advertise to children with respect to

sugar, fat and salt content in each category.

This Guideline consists of a total of 8 food categories, which are ranked by their nutritional composition.

In addition, nutrient thresholds are set for saturated fats, trans-fatty acids, added sugar and sodium

across the food categories.

INTRODUCTION1

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 27

DEFINITIONS OF TERMS USED IN THIS GUIDELINE2

Healthy diet: Healthy diet comprise of combination of right amount of essential nutrients such as

carbohydrates, protein, fat, vitamins, minerals and water. Eating a healthy, balanced diet is especially

important for young children’s development. It protects against malnutrition in all forms, as well as non-

communicable diseases.

Total fat: Total fat refers to the total fat content of the food product, which may be composed of

different levels of fatty acids from the three broad groupings: saturated fatty acids, monounsaturated

fatty acids and polyunsaturated fatty acids.

Total sugar: Total sugar content of the food product, which may be composed of intrinsic sugar

incorporated within the structure of intact fruit and vegetables; sugar from milk (lactose and galactose);

and all additional monosaccharides and disaccharides added to foods by the manufacturer, cook or

consumer, plus sugar naturally present in honey, syrups and fruit juices.

Added sugar: Added sugar is defined here as all monosaccharides and disaccharides added to food and

beverages by the manufacturer, cook or consumer during processing or preparation.

Artificial sweetener: Artificial sweetener is a type of food additives (other than a mono- or disaccharide

sugar) which impart a sweet taste to a food. The technological purposes for this functional class include

sweetener, intense sweetener and bulk sweetener. It should be noted that products such as sugar, honey

and other food ingredients that can be used to sweeten are not associated with the term “sweetener”.

Energy: Energy refers to the total chemical energy available in food and its macronutrient constituents

(carbohydrates, fats, proteins).

Salt: 1 g of sodium is equivalent to about 2.5 g of salt.

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam28

Identify which food category the product falls under.

Once the appropriate food category has been identified, the nutritional content of the food product must

be cross-checked against the thresholds (depends on which coloured zone does the food belongs to).

Coloured zone:

= Advertisement of the food product in question is permitted.

= Advertisement of the food product in question is permitted ONLY if it complies

to the condition stated.

= Advertisement of the food product in question is not permitted.

For example, potatoes:

1. Potatoes are in fruits, vegetables, legumes and soya categories.

2. When cross-checking against the 3 coloured zones, potatoes are in the green zone, therefore,

advertisement of potatoes is permitted to children.

NOTE:

1. The food products should, where possible, be assessed as sold or as reconstituted, if necessary,

according to the manufacturer’s instructions.

2. If the marketing is for a restaurant meal, including a quick-service or takeaway meal of two or more

menu items, all items must individually meet the relevant nutrient criteria.

3 HOW TO USE THIS GUIDELINE?

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 29

BEVERAGES4Beverages that are permitted to be advertised:

• Mineral water

Beverages that are not permitted to be advertised:

• All energy drinks, tea and coffee including instants and premixed products

• Sugar-sweetened beverages

• Reconstituted chocolate or malted powdered drinks

• Syrups/cordials

• Any products in the above list that do not fulfill the conditions

Beverages that are permitted to be advertised with certain condition(s):

Condition I: If beverages do not contain any added sugar and/or artificial sweeteners:

• Flavoured mineral waters (including aerated)

• Unsweetened fresh coconut juice

• Powdered juices (e.g. Tang)

Condition II: If beverages contains 4 grams/100 grams or less of total fat and do not containany

added sugar and artificial sweeteners:

• Milks and sweetened milks

• Reconstituted powdered milk

• Almond, soya, rice and oat milks

• Goat milk

• Milk shakes

• Sweetened creamer

• Evaporated milk

• Condensed milk

Condition III: If beverages contain 5 grams/100 grams or less of total sugar and do not contain

any added sugar:

• 100% fruit and vegetable juice, including:

• Sugar cane juices

• Juices reconstituted from concentrate

• Smoothies

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam30

DAIRY PRODUCTS5Dairy products that are permitted to be advertised:

• Nil

Dairy products that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Dairy products that are permitted to be advertised with certain condition(s):

Condition I: If cheese products listed below contain 20 grams/100 grams or less of total fat and

0.52 gram/100 grams or less of salt (1 gram salt = 0.4 gram sodium):

• Medium-hard and hard cheeses (i.e. cheddar)

• Soft cheese (e.g. ricotta, mozzarella)

• Sliced cheese

• Cream cheese

• Spreadable cheese

• Grated or powdered cheese

• Cottage cheese

• Processed cheese

Condition II: If yoghurt, sour milk, cream listed below or other similar foods contain 4 grams/100

grams or less of total fat, 10 grams/100 grams or less of total sugar, no added artificial sweetener

at all and 0.08 gram/100 grams or less of salt (1 gram salt = 0.4 gram sodium) such as:

• Yoghurt including drinking yoghurt

• Sour milk including flavoured sour milk

• Cream

• Cheese-based and other yoghurt substitutes

• Fermented milk

• Curds

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 31

DESSERTS6Desserts that are permitted to be advertised:

• Nil

Desserts that are not permitted to be advertised:

• All type of cakes, sweet biscuits, pastries, other sweet bakery products and dry mixes for

making such including:

o Buns with sweet fillings

o Cookies

o Doughnuts

o Breakfast biscuits

• All type of chocolates, sugar confectionaries, energy bars, sweet toppings and desserts

including:

o Milk, dark and white chocolates

o Chocolate spreads

o Cereals, granolas and muesli bars

o Hard/chewy candies

o Soft-jellied candies

o Table sugar

o Flour-based confectionaries

o Spreads including peanut butter

o Chewing gums

o Caramels

o Marshmallows

o Puddings

o Cream desserts

• Any products in the above list that do not fulfill the conditions

Desserts that are permitted to be advertised with certain condition(s):

Condition: If edible ices listed below contain 4 grams/100 grams or less of total fat, 10 grams/100

grams or less of total sugar, no added artificial sweetener at all and 0.08 gram/100 grams or less

of salt (1 gram salt = 0.4 gram sodium) such as:

• Ice cream

• Iced lollies and sorbets

• Frozen yoghurt

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam32

FATS AND OILS7Fats and oils that are permitted to be advertised:

• Nil

Fats and oils that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Fats and oils that are permitted to be advertised with certain condition(s):

Condition: If butter and other fats and oils listed below contain 20 grams/100 grams or less of

saturated fats, no added sugar or artificial sweetener at all and 0.56 gram/100 grams or less of

salt (1 gram salt = 0.4 gram sodium):

• Butter

• Vegetable oils

• Margarine and spreads

• Dripping

• Ghee

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 33

FRUITS, VEGETABLES, LEGUMES AND SOYA8

Fresh and frozen fruit, vegetables, legumes and soya that are permitted to be advertised

including:

• Potatoes

• Roots crops

• Fresh coconut

Fruits, vegetables, legmes and soya that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Fruits, vegetables, legumes and soya that are permitted to be advertised with certain condition(s):

Condition I: If processed fruit, vegetables and legumes listed below contain 5 grams/100 grams

or less of total fat, 10 grams/100 grams or less of total sugar, no added sugar at all and 0.4

gram/100 grams or less of salt (1 gram salt = 0.4 gram sodium):

• Dried fruit

• Dried coconut

• Coconut cream

• Canned fruits

• Vegetables and legumes

• Dried mushrooms

• Jams and marmalade

• Preserved or pickled fruits and vegetables

• Fermented vegetables

• Mango chutney

• Meat substitute made from fungus

• Seaweed

Condition II: If products made from soya listed below contain 12 grams/100 grams or less of

total fat, 10 grams/100 grams or less of total sugar, no added sugar at all and 0.4 gram/100

grams or less of salt (1 gram salt = 0.4 gram sodium):

• Tofu products

• Natto

• Tempeh

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam34

GRAINS9Grains that are permitted to be advertised:

• Nil

Grains that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Grains that are permitted to be advertised with certain condition(s):

Condition I: If bread, bread products and crisp breads listed below contain 10 grams/100 grams

or less of total fat, 10 grams/100 grams or less of total sugar and 0.48 gram/100 grams or less

of salt (1 gram salt = 0.4 gram sodium):

• Bread (i.e. white, yellow, whole wheat)

• Roti

• Wraps/tortillas

• Bread with raisins

• Buns

• Toast

• Cheese bread

• Roti canai/prata

Condition II: If fresh or dried noodles, pasta, rice and grains listed below contain 10 grams/100

grams or less of total fat, 10 grams/100 grams or less of total sugar and 0.48 gram/100 grams

or less of salt (1 gram salt = 0.4 gram sodium):

• Dried and fresh noodles

• Sago

• Quinoa

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 35

MEAT, POULTRY AND SEAFOOD10

Meat, poultry and seafood that are permitted to be advertised:

• Nil

Meat, poultry and seafood that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Meat, poultry and seafood that are permitted to be advertised with certain condition(s):

Condition I: If fresh and frozen meat, poultry, fish and similar listed below contain 20 grams/100

grams or less of total fat:

• Turkey/chicken tails

• Lamb neck

• Mutton flap

• Eggs

• Oily fish (e.g. sardine)

Condition II: If processed meat, poultry, fish and similar as listed below contain 20 grams/100

grams or less of total fat, and 0.68 gram/100 grams or less of salt (1 gram salt = 0.4 gram

sodium):

• Sausage

• Canned meat (e.g. corned beef) and fish

• Chicken nuggets

• Fish fingers

• Fish balls

• Beef or chicken patty

• Liver paste

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam36

MISCELLANEOUS11Miscellaneous that are permitted to be advertised:

• Nil

Miscellaneous that are permitted to be advertised with certain condition(s):

Condition I: If ready-made and convenience foods and composite dishes listed below contain 10

grams/100 grams or less of total fat, 4 grams/100 grams or less of saturated fats, 10 grams/100

grams or less of total sugar, 0.4 gram/100 grams or less of salt (1 gram salt = 0.4 gram sodium)

and 225 kcal/100 grams or less of energy:

• Pizzas

• Lasagne

• Ready-made sandwiches

• Tinned spaghetti

• Instant noodles

• Instant porridge

• Baked beans

• Cream corn

• Dumplings

• Burgers in buns

• Ready meals

• Filled pastas

• Soups

• French fries

• Buttered toasted bread

Condition II: If savory snacks listed below contain no added sugar at all and 0.04 gram/100

grams or less of salt (1 gram salt = 0.4 gram sodium) (0.1 gram of salt: to take into consideration

of naturally occurring salt):

• Popcorn and maize corn

• Nuts and mixed nuts (including with fruit content)

• Savory biscuits (PTO)

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 37

• Crackers

• Pretzels

• Other snacks made from rice, maize, wheat, dough or potato (i.e. chips, crisp)

• Chicken rind

Condition III: If sauces, dips and dressings listed below contain 10 grams/100 grams or less of

total fat, no added sugar at all and 0.4 gram/100 grams or less of salt (1 gram salt = 0.4 gram

sodium):

• Tomato ketchup

• Coloured ketchup

• Mayonnaise

• Salad dressing

• Soy sauce

• Fish sauce

• Sweet chili sauce

• Gravies

• Spaghetti sauce

• BBQ sauces

• Seasonings

• Reconstituted stocks

Miscellaneous that are not permitted to be advertised:

• Any products in the above list that do not fulfill the conditions

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam38

AP

PEN

DIX

11

FLO

WC

HA

RT

FOR

AP

PLI

CA

TIO

N P

RO

CES

S O

F M

AR

KET

ING

OF

FOO

D A

ND

BEV

ERA

GES

TO

CH

ILD

REN

TO

DIF

FER

ENT

REL

EVA

NT

REG

ULA

TOR

Y P

LATF

OR

MS

Appl

icat

ion

for

appr

oval

on

cont

ent

of m

arke

ting

of fo

od &

bev

erag

es

from

*re

gula

tory

age

ncie

s/ c

lient

*Sub

- com

mitt

ee f

rom

Min

istr

y

of H

ealth

che

ck c

onte

nt o

f

mar

ketin

g ag

ains

t th

e Co

de

Appr

ove

cont

ent

of

mar

ketin

g

Cont

ents

doe

s

not

com

ply

with

the

Code

Cont

ent

com

plie

s

with

the

Cod

e

Clie

nt fo

llow

reco

mm

enda

tions

Clie

nt d

o no

t fo

llow

reco

mm

enda

tions

Dis

appr

ove

cont

ent

of m

arke

ting

Not

ify r

egul

ator

y ag

enci

es/

clie

nt

* Su

b- co

mm

ittee

mem

bers

of

Mar

ketin

g Co

ntro

l

unde

r M

inis

try

of H

ealth

:

• D

epar

tmen

t of

Pol

icy

and

Plan

ning

• Co

rpor

ate

Com

mun

icat

ion

Div

isio

n

• H

ealth

Pro

mot

ion

Cent

re

• Co

mm

unity

Nut

ritio

n D

ivis

ion

• D

epar

tmen

t of

Pha

rmac

eutic

al S

ervi

ces

# L

ist

of r

egul

ator

y ag

enci

es:

• Pr

ime

Min

iste

r O

ffice

• M

inis

try

of R

elig

ious

Affa

irs

• M

inis

try

of F

inan

ce a

nd E

cono

my

• M

inis

try

of H

ealth

• M

inis

try

of H

ome

Affa

irs

• M

inis

try

of T

rans

port

and

Inf

o-co

mm

unic

atio

n

• A

utho

rity

of B

uild

ing

Cons

truc

tion

and

Indu

stry

, Min

istr

y of

Dev

elop

men

t

• Au

thor

ity fo

r In

fo-c

omm

unic

atio

n Te

chno

logy

Ind

ustr

y

• Br

unei

Dar

ussa

lam

Foo

d Au

thor

ityDis

appr

ove

cont

ent

& p

rovi

de

reco

mm

enda

tions

to

clie

nts

to

abid

e th

e Co

de

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 39

* Su

b- co

mm

ittee

mem

bers

of

Mar

ketin

g Co

ntro

l

Syst

em u

nder

Min

istr

y of

Hea

lth:

• D

epar

tmen

t of

Pol

icy

and

Plan

ning

• Co

rpor

ate

Com

mun

icat

ion

Div

isio

n

• H

ealth

Pro

mot

ion

Cent

re

• Co

mm

unity

Nut

ritio

n D

ivis

ion

• D

epar

tmen

t of

Pha

rmac

eutic

al S

ervi

ces

Com

plai

nt fr

om p

ublic

on

cont

ent

of m

arke

ting

rela

ted

to

Code

123

rece

ive

com

plai

nt

123

push

em

ail

notifi

catio

n to

Min

istr

y

of H

ealth

com

mitt

ee

Com

plai

nt c

onve

yed

to

*sub

-com

mitt

ee

Sub-

com

mitt

ee m

eetin

g &

inve

stig

ate

stat

us o

f ap

plic

atio

n

of t

he m

arke

ting

Repo

rt t

o re

spec

tive

*reg

ulat

ory

agen

cies

Actio

n as

per

SO

P fr

om

resp

ectiv

e re

gula

tory

age

ncy

acco

rdin

gly

AP

PEN

DIX

12

FLO

WC

HA

RT

FOR

AC

TIO

NS

ON

CO

MP

LAIN

TS O

N T

HE

MA

RK

ETIN

G R

ELA

TED

TO

TH

E C

OD

E O

F R

ESP

ON

SIB

LE

MA

RK

ETIN

G O

F FO

OD

AN

D B

EVER

AG

ES T

O C

HIL

DR

EN I

N B

RU

NEI

DA

RU

SSA

LAM

# L

ist

of r

egul

ator

y ag

enci

es:

• Pr

ime

Min

iste

r O

ffice

• M

inis

try

of R

elig

ious

Affa

irs

• M

inis

try

of F

inan

ce a

nd E

cono

my

• M

inis

try

of H

ealth

• M

inis

try

of H

ome

Affa

irs

• M

inis

try

of T

rans

port

and

Inf

o-co

mm

unic

atio

n

• A

utho

rity

of B

uild

ing

Cons

truc

tion

and

Indu

stry

, Min

istr

y of

Dev

elop

men

t

• Au

thor

ity fo

r In

fo-c

omm

unic

atio

n Te

chno

logy

Ind

ustr

y

• Br

unei

Dar

ussa

lam

Foo

d Au

thor

ity

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam40

AP

PEN

DIX

13

FREQ

UEN

TLY

ASK

ED Q

UES

TIO

NS

NO

QU

ESTI

ON

S

AN

SWER

S

1W

hat

is C

ode

on R

espo

nsib

le M

arke

ting

of F

ood

and

Beve

rage

s To

Chi

ldre

n?

Code

on

Resp

onsi

ble

Mar

ketin

g of

Foo

d an

d Be

vera

ges

To C

hild

ren

outli

ne d

os a

nd d

on’ts

to

guid

e us

ers

with

reg

ards

to m

arke

ting

of fo

od a

nd b

ever

ages

to c

hild

ren.

Thi

s se

ts o

ut a

s on

e

of th

e in

itiat

ives

to c

ontr

ol c

hild

hood

obe

sity

in B

rune

i Dar

ussa

lam

tow

ard

its v

isio

n “T

oget

her

Tow

ards

Hea

lthy

Nat

ion”

by

redu

cing

exp

osur

e am

ong

our c

hild

ren

to a

ny m

arke

ting

mes

sage

s

that

pro

mot

e un

heal

thy

food

s an

d be

vera

ges

to t

hem

.

2W

ho s

houl

d re

ad t

his

Code

?Ap

art

from

the

reg

ulat

ory

auth

oriti

es f

or a

dver

tisem

ent/

mar

ketin

g in

Bru

nei D

arus

sala

m a

nd

educ

atio

n se

ctor

s, a

ny fo

od in

dust

ries/

ente

rpris

es w

ho w

ants

to c

omm

erci

alis

e th

eir

food

and

beve

rage

s se

ctor

s to

chi

ldre

n.

3D

oes

this

Cod

e ap

ply

to m

arke

ting

of

food

and

bev

erag

es t

o ad

ults

too

?

No,

it d

oes

not.

How

ever

, it

is a

dvis

able

for

the

mar

ketin

g of

foo

d to

be

desi

gned

in s

uch

a

way

so

as n

ot t

o at

trac

t ch

ildre

n.

4W

here

doe

s th

is C

ode

appl

y to

? Th

is C

ode

appl

ies

to a

ll m

arke

ting

med

ium

use

d in

any

ven

ues

in B

rune

i Dar

ussa

lam

.

5Re

ferr

ing

to t

he w

ord

‘chi

ldre

n’,

to w

hat

exte

nd d

oes

the

Code

app

ly t

o?

Apar

t fr

om a

ge r

ange

, th

is C

ode

shal

l app

ly t

o m

arke

ting

on f

ood

and

beve

rage

s du

ring

any

even

t/se

ttin

gs w

here

at

leas

t 50

% o

f ch

ildre

n ga

ther

. Th

is i

nclu

de,

but

are

not

limite

d to

,

nurs

erie

s/ch

ild c

are

cent

res,

pre

-sch

ool,

scho

ols,

sch

ool g

roun

ds a

nd p

layg

roun

ds,

mat

erna

l

and

child

hea

lth c

linic

s an

d pa

edia

tric

ser

vice

s, a

nd d

urin

g an

y sp

ortin

g an

d cu

ltura

l act

iviti

es

that

are

hel

d on

the

se p

rem

ises

.

6W

e w

ant

to m

arke

t ou

r pr

oduc

t (f

ood

and

beve

rage

s) to

the

publ

ic, h

ow d

o w

e

appl

y fo

r ap

prov

al?

Appl

icat

ion

can

be m

ade

eith

er th

roug

h th

e re

spec

tive

regu

lato

ry b

odie

s co

rres

pond

ing

to th

e

prop

osed

adv

ertis

emen

t m

ediu

m o

r di

rect

ly t

hrou

gh M

inis

try

of H

ealth

.

(PTO

)

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam 41

7W

e w

ant t

o m

arke

t our

pro

duct

(fo

od a

nd b

ever

ages

) to

the

publ

ic, d

o

we

still

nee

d to

com

ply

to th

e ru

les/

regu

latio

ns a

nd c

laus

es in

the

Acts

on a

dver

tisem

ents

pro

duce

d by

the

oth

er r

egul

ator

y bo

dies

?

Yes.

8W

e w

ant

to m

arke

t ou

r pr

oduc

t (f

ood

and

beve

rage

s) t

o th

e pu

blic

,

whi

ch fo

od a

nd b

ever

ages

are

allo

wed

to

be m

arke

ted?

Plea

se r

efer

to

the

atta

ched

Gui

delin

e O

n M

arke

ting

Of

Food

And

Beve

rage

s To

Chi

ldre

n (A

ppen

dix

10)

in t

he C

ode.

9W

hat

can

food

and

bev

erag

es b

usin

ess

owne

rs i

nclu

ding

MSM

Es

(Mic

ro,

Smal

l M

ediu

m E

nter

pris

es)

do i

n or

der

to c

ompl

y w

ith t

he

Code

?

They

are

adv

isab

le t

o re

form

ulat

e th

eir

food

pro

duct

s to

a

heal

thie

r ve

rsio

n.

10Ca

n w

e m

arke

t an

othe

r (d

iffer

ent)

pro

duct

(fo

od a

nd b

ever

ages

) th

at

is h

ealth

y in

our

adv

ertis

emen

t on

a fo

od a

nd b

ever

age

to c

hild

ren?

Yes,

you

can

, w

ith c

ondi

tion

the

adve

rtis

emen

t co

mpl

y w

ith

the

Code

.

11Ca

n w

e pr

omot

e/gi

ve a

way

gift

s or

toys

in th

e fo

rm o

f sta

tione

ry it

ems

in o

ur a

dver

tisem

ent

on fo

od a

nd b

ever

age

to c

hild

ren?

Yes,

as

long

as

the

adve

rtis

emen

t co

mpl

y w

ith t

he c

ondi

tion

and

the

item

is w

ithin

the

pre

mis

e.

12Ca

n sp

onso

rshi

p be

in

clud

ed

in

the

adve

rtis

emen

t of

fo

od

and

beve

rage

s?

This

Co

de

only

re

gula

tes

adve

rtis

emen

t an

d pr

omot

ion

of f

ood

and

beve

rage

s to

chi

ldre

n. H

owev

er,

adve

rtis

ing

spon

sors

hips

is o

nly

allo

wed

if th

e fo

od it

em b

eing

spo

nsor

ed

com

ply

with

the

Cod

e.

13Is

mas

cot

from

any

foo

d in

dust

ries/

ente

rpris

es a

llow

ed in

any

eve

nts

with

chi

ldre

n in

any

ven

ues

incl

udin

g sc

hool

s?

No.

14W

here

sho

uld

we

refe

r to

if

we

have

any

fur

ther

que

ries

rela

ted

to

mar

ketin

g of

food

and

bev

erag

es t

o ch

ildre

n?

For

furt

her

quer

ies,

ple

ase

cont

act 2

3858

00 a

nd y

our

quer

ies

will

be

addr

esse

s as

soo

n as

we

can.

Guidel ine On Food And Beverages Advertised To Chi ldren In Brunei Darussalam42

Advertising Standard Authority United Kingdom (2010). Register of BCAP Code changes, 2010. (Available

at: https://www.asa.org.uk/codes-and-rulings/advertising-codes/register-of-bcap-code changes.html#Food

[accessed on: 09.03.2018]

Advertising Standard Authority United Kingdom (2010). Register of CAP Code changes, 2010. (Available

at https://www.asa.org.uk/codes-and-rulings/advertising-codes/register-of-cap-code-changes.html#Food

[accessed on 09.03.2018]

Advertising Standard Authority United Kingdom (2017). Guidance on advertising food and soft drink products

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Children And Young People’s Advertising Code, 2017. Advertising Standard Authority New Zealand. (available

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and-Guidance-Notes.pdf [accessed on 20.02.2019]

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Netcom Toolkit. Monitoring The Marketing Of Breast-Milk Substitutes: Protocol For Ongoing Monitoring

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NOTES NOTES

NOTES NOTES

NOTES

For more information:

Health Promotion CentreMinistry of Health

Commonwealth DriveBandar Seri Begawan

Negara Brunei Darussalam BB3910Tel: +673 2385800

Email: [email protected]