Advertising Standards Bureau Review of Operations 2014 | Page 94

6. AANA Food and Beverages Advertising
and Marketing Communications Code
1. Definitions
In this Code, unless the context
otherwise requires:
Advertising or Marketing
Communication means:
(a) matter which is published or broadcast
using any Medium in all of Australia or in a
substantial section of Australia for payment
or other valuable consideration and which
draws the attention of the public or a segment
of it to a product, service, person, organisation
or line of conduct in a manner calculated to
promote or oppose directly or indirectly the
product, service, person, organisation or line
of conduct; or
(b) any activity which is undertaken by or on
behalf of an advertiser or marketer for
payment or other valuable consideration
and which draws the attention of the public
or a segment of it to a product, service,
person, organisation or line of conduct in
a manner calculated to promote or oppose
directly or indirectly the product, service,
person, organisation or line of conduct, but
does not include Excluded Advertising or
Marketing Communications.
Advertising or Marketing Communications
to Children means Advertising or Marketing
Communications which, having regard to the
theme, visuals and language used, are directed
primarily to Children and are for a Children’s
Food or Beverage Product.
Advertising Standards Board means the board
appointed by the Advertising Standards Bureau
from time to time, the members of which are
representative of the community, to administer

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a public complaints system in relation to
Advertising or Marketing Communications.
Average Consumer means a regular adult
family shopper able to compare products by
label‑listed definition.

Children means persons 14 years old or younger
and Child means a person 14 years old or younger.
Children’s Food or Beverage Product means any
food or beverage product other than alcoholic
beverages as defined in and subject to regulation
by the Alcohol Beverages Advertising Code,
which is targeted toward and has principal appeal
to Children.
Excluded Advertising or Marketing
Communications means labels or packaging
for Products.
Food or Beverage Products means any food or
beverage products other than alcoholic beverages
as defined in and subject to regulation by the
Alcohol Beverages Advertising Code.
Medium means any medium whatsoever
including without limitation cinema, internet,
outdoor media, print, radio, television,
telecommunications, or other direct to consumer
media including new and emerging technologies.
Premium means anything offered free or at a
reduced price and which is conditional upon the
purchase of a regular Product.
Prevailing Community Standards means
the community standards determined by the
Advertising Standards Board as those prevailing
at the relevant time, and based on research carried
out on behalf of the Advertising Standards Board
as it sees fit, in relation to the advertising or

marketing of Food or Beverage Products taking
into account, at a minimum, the requirements
of the Australia New Zealand Food Standards
Code, the Australian Dietary Guidelines as
defined by the National Health and Medical
Research Council and the National Physical
Activity Guidelines as published by the Federal
Government of Australia.

2. Advertising or marketing
communications for food or
beverage products
2.1 Advertising or Marketing Communications
for Food or Beverage Products shall be
truthful and honest, shall not be or be
designed to be misleading or deceptive or
otherwise contravene Prevailing Community
Standards, and shall be communicated
in a manner appropriate to the level of
understanding of the target audience of the
Advertising or Marketing Communication
with an accurate presentation of all
information including any references to
nutritional values or health benefits.
2.2 Advertising or Marketing Communications
for Food or Beverage Products shall not
undermine the importance of healthy
or active lifestyles nor the promotion of
healthy balanced diets, or encourage what
would reasonably be considered as excess
consumption through the representation of
product/s or portion sizes disproportionate
to the setting/s portrayed or by means
otherwise regarded as contrary to Prevailing
Community Standards.
2.3 Advertising or Marketing Communications
for Food or Beverage Products that
include what an Average Consumer, acting

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