Food Advertising and Obesity in Australia: To What Extent Can Self-Regulation Protect the Interests of Children?

Monash University Law Review, Vol. 35, No. 1, p. 118, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2010/41

30 Pages Posted: 18 Apr 2011

See all articles by Sarah Mackay

Sarah Mackay

Monash University - Faculty of Law

Date Written: 2009

Abstract

In 2006, the Australian Association of National Advertisers implemented the self-regulatory Food and Beverages Advertising and Marketing Communications Code in response to public concern about the influence of 'junk food' advertising on children's obesity levels and pressure for more restrictive regulation of this advertising. The purpose of this article is to evaluate the efficacy of the Code and the capacity of self-regulation to protect children's interests in relation to food advertising. The article analyses the Code with regard to characteristics and conditions considered necessary for, or typical of effective self-regulation. The article identifies a number of deficiencies in the Code and self-regulatory scheme, and concludes that self-regulation is unsuitable for protecting children from harmful effects of food advertising, due mainly to advertisers' overriding commercial interest in using advertising practices that are effective for encouraging children to consume unhealthy food.

Keywords: Food Regulation, Food Advertising, Health, Children, Regulation, Self-Regulation

JEL Classification: K00, K2, K20, K23, K29

Suggested Citation

Mackay, Sarah, Food Advertising and Obesity in Australia: To What Extent Can Self-Regulation Protect the Interests of Children? (2009). Monash University Law Review, Vol. 35, No. 1, p. 118, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2010/41, Available at SSRN: https://ssrn.com/abstract=1810168

Sarah Mackay (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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