In the dispute over the planned ban on children’s food advertising, the advertising association ZAW and the food association are relying on legal assistance. A report by the Munich law professor Martin Burgi is said to show on 99 pages that the plans of the Minister of Nutrition Cem Ozdemir (Greens) are untenable for a variety of reasons.
The report, which the WELT associations made available before publication, does not consider the effect of advertising bans to be proven. This is one of the reasons why it is inadmissible and disproportionate to largely ban advertising for foods with a high sugar, fat or salt content. Such an intervention is “unconstitutional and contrary to European law”.
The report thus supports the opinion of the associations that are up in arms against the project. The food companies fear for their business model with branded goods, the advertising industry for income.
According to the report, less advertising expenditure of almost 3.3 billion euros can be expected. That severely restricts the advertising industry. In addition, it is unclear which statements are prohibited, so that “the responsible administrative authorities inevitably become a kind of opinion police,” writes Burgi.
The renowned lawyer describes the advertisement for foods classified as unhealthy even as a kind of self-defense: With the help of advertising, “the manufacturers and the advertising agencies, media providers etc. they commission try to weaken or dispel the false impression given by the state that the products are dangerous”.
The report suggests – in the spirit of the associations – that other government measures are more effective, such as nutritional education in schools and day care centers. These must therefore be given priority.
Today, Wednesday, Özdemir is attending the General Assembly of the Food Association in Berlin. According to the association, managing director Christoph Minhoff wanted to show the politician a willingness to cooperate. The report will then be presented there in the late afternoon.
However, the report gives little room for compromise. The paper states that it is also not legally permissible to solve the problem by providing fewer advertising restrictions for fewer foods. The effectiveness and necessity of such a solution is even less proven than that of a broad ban, argues Burgi. His report also points out that the draft from the Ministry of Agriculture goes beyond the coalition agreement.
The search for a compromise is still ongoing within the traffic light. Özdemir presented the project a few weeks ago. The Greens have long been demanding an advertising ban for unhealthy kids foodsto against overweight and tackle diabetes. A similar arrangement is planned in Great Britain.
Divided opinions from the economy
The draft is currently being coordinated between the federal ministries. The FDP-led Ministry of Justice apparently wants to raise serious doubts about the admissibility and the responsibility of the federal government – and has been granted a longer review period for this. However, since the project is in the coalition agreement, it cannot be blocked entirely, according to the Liberals.
The SPD in the Bundestag has positioned itself for the project. SPD media politicians like the Hamburg media senator Carsten Brosda warn that the withdrawal of advertising money endangers the media economy.
The economy itself is divided. This is how the retailer Lidl greeted, who has also committed himself to restricting advertising to children, the project. Edeka boss Markus Mosa, on the other hand, warned of a “disenfranchisement” of customers at a press conference on Tuesday. The food association argued similarly in an advertising campaign.
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