Regulation on Marketing in Education Premises

Bulgaria: Self-regulation by the industry.

Estonia: Marketing and advertising are not allowed in Estonian kindergartens and schools (Advertising Act).

France: Advertisement is prohibited because of the general principle of school neutrality (article 511-2 du code de l’éducabon). Partnerships with companies are regulated by a ministerial circular: the documents produced by companies must be verified by teachers and headmasters (circulaire n° 2001-51 du 28mars 2001 relabve au code de bonne conduite des intervenbons des entreprises en milieu scolaire).

Germany: Food marketing is restricted. Sponsoring by external partners is acknowledged as a mean to increase school budget, but a clear distinction is made from product-specific-marketing. The legal regulation differs from Federal State to Federal State.

Greece: Marketing or advertising any products that are not listed in the School Canteen Policy (81025/2013 - FEK 2135/Β/29-8-2013) is prohibited.

Hungary: The Commercial Advertising Act (2008/XLVIII) prohibited all advertising to children in kindergartens and elementary schools including their dormitories with certain exceptions (e.g. health or environment friendly content).

Ireland: Department of Health recommends that schools should be protected zones and free from marketing (EU Strategy); there have been a number of initiatives by government, regulators, private sector and consumer groups in relation to practice of advertising of foods and beverages to children; codes, rules and practices have been developed; work was ongoing according to Report of Inter-sectoral Group on Implementation of Recommendation of National Task Force on Obesity of April 2009, including measures in Broadcasting Bill 2009 to prohibit TV and radio advertising of high fat, sugar and salt products subject to public concern in respect to general public health interests of children.

Latvia: Pursuant to the Law on sale of energy drinks, advertising of energy drinks in educational institutions and on their buildings and structures are prohibited. The Law on advertising stipulates that the advertising aimed at children or advertising created with the participation of children must not threaten children’s rights and interests and child’s perception and psyche should be taken into consideration while making such advertising. In 2006 regulations were adopted to restrict marketing of unhealthy food and beverages in pre-schools and schools.

Malta: Companies producing/selling products high in salt, sugar or fat are not permitted to sponsor school activities.

Poland: The Ordinance of the Minister of Health of 26 August 2015 forbids the advertising and promotion of foodstuffs that are banned by law on educational premises.

Romania: Marketing is regulated via the Law 148/2000, Article 11 stipulates that alcoholic and tobacco products cannot be advertised within school premises, or in an area of at least 200 meters from these institutions. A bill to amend this law, and forbid the advertising of any commercial product has been proposed in 2014, but not approved by legislation. Also, an Ethical Code (self-regulation) was signed in 2008 by a number of private companies. Through this Code, they pledge not to advertise commercial products in children under 12 years old. The Code was amended in 2015. The extent to which this code has effect in practice is not known. External stakeholders can have presentations in kindergartens and schools, but they need to have an initial approval from the County School Inspectorates (representatives of the Ministry of Education in the territory – at county level). In order to obtain this approval, the content of the presentations has to have an important educational value for the target group.

Slovakia: There are marketing restrictions on drinks high in caffeine.

Slovenia: Not officially regulated, it is a norm that marketing is not allowed in school environment. Such norm is respected by majority of school masters.

Spain: Article 40.7 of Law 17/2011, of 5 July, on food safety and nutrition, states: Kindergartens and schools are protected publicity-free zones. Campaigns for the promotion of diet, nutritional education or the promotion of sport or physical activity in schools and the sponsorship of teams and sports events in the academic environment shall be previously authorized by the competent educational authorities, in accordance with the criteria established by the health authorities with the objective of fostering healthy exercise and nutritional habits and preventing obesity.