NZ Commerce Commission proposes to authorise the restrictions on the advertising and marketing of infant formula





NZ Commerce Commission proposes to authorise the restrictions on the advertising and marketing of infant formula

New Zealand competition regulator The Commerce Commission has reached a preliminary view that it should grant authorisation to the current and future members of the Infant Nutrition Council Limited (INC) to restrict their advertising and marketing of formula products for infants aged up to 12 months old.

In assessing the INC’s most recent application (the third since 2015), the Commission said it has not identified any changes in the infant formula industry or in the actions of the members of the INC “that will substantially impact its previous assessments of these restrictions”.

“While the restrictions would likely lessen competition by limiting information available to consumers about formula products for infants aged up to 12 months old, we consider the continued authorisation of the restrictions assists with achieving important public health outcomes for parents and infants, which are supported by public health bodies and industry bodies in New Zealand,” said Associate Commissioner Sue Begg.







“For these reasons, the Commission’s draft decision is that it should grant authorisation again to the INC as any reduction in competition from the restrictions is likely to be outweighed by the public benefits,” Begg said.

The Commission says interested parties are welcome to make submissions on the draft decision.

Submissions are due by 5pm on 25 October 2023 and can be sent to the registrar,with the reference ‘Infant Nutrition Council’ in the subject line.

Read the draft determination.

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Ontario Proposes Ban on Using Athletes and Celebrities in iGaming Advertising | Bennett Jones LLP

Key Takeaways

  • AGCO proposes banning the use of athletes and celebrities from internet gambling advertising and marketing in Ontario.
  • Comments can be submitted to AGCO until May 8, 2023.
  • New rules would be implemented three months after being finalized.
  • Operators and suppliers should consider the implications of the proposed ban on their existing marketing strategies.

The Alcohol and Gaming Commission of Ontario (AGCO) is proposing to prohibit the use of athletes and celebrities from internet gambling advertising and marketing in Ontario. The AGCO says the goal is to further minimize potential harm to youth and children.

The announcement was made on April 13, 2023. The AGCO said it had, “identified advertising and marketing approaches that strongly appeal to persons who are under the legal gaming age through the use of celebrities and/or athletes.”

The proposed amended standard will:

  1. create an obligation for operators and suppliers to cease any advertising and marketing activities that use athletes, whether active or retired, in gaming marketing and advertising; and,
  2. prohibit the use of cartoon figures, symbols, role models, social media influencers, celebrities or entertainers who are reasonably expected to appeal to minors. This proposed amendment differs from the current standard, which is applicable to persons that “primarily appeal” to minors. Advertising remains a permitted activity, provided other standards are met.

Stakeholders can provide comments on the proposed changes until May 8, 2023 through the AGCO’s engagement portal. Operators and suppliers would have three months to comply with the final standard—it would take effect three months following its publication on the AGCO website.

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