The purpose is to make it easier to make healthy and good choices in everyday life. As far as we know, Norway is the first country in the world to introduce this type of comprehensive ban on advertising unhealthy food and beverages, which is intended to protect all children under the age of 18.
Several stakeholders have been critical of the regulation, arguing that it practically entails an almost complete marketing ban for several products regardless of age groups. Criticism has also been raised against the regulation, stating that it is difficult to understand what is allowed and what is not.
Despite the criticism, the regulation was adopted on 25 April 2025 and applies to anyone who produces, processes, sells, or markets food products in Norway, including foreign entities. The new ban must therefore be considered when foreign entities prepare international marketing campaigns or activities that include Norway. Even though the regulation came into effect on 25 April 2025, it will not be enforced until 25 October 2025.
Key points in the regulation include:
Definition of "children":
The regulation defines children as individuals under 18 years old. There is thus no distinction between young children aged 5-6 years and teenagers aged 16-17 years.
As the advertising and consumption habits of 16-17-year-olds can resemble those of adults, there is also a risk that the ban will, in practice, affect marketing that is not actually aimed at children (in the sense of the regulation) at all.
Prohibited food products:
The regulation prohibits the marketing of "certain food products" to children. The specific food products covered by the prohibition are detailed in an intricate appendix to the regulation, categorizing relevant food products based on "healthiness," including sugar and fat content, among other factors. Chocolate, cakes, energy drinks, and snacks are included as such (and thus prohibited from being marketed to children). In other product categories, more specific assessments are required. For example, juice and smoothies are only included if they contain "added sugars" or "sweeteners," while yogurt is only included if it contains "sweeteners" or more than 3 grams of fat or 1 gram of sugar per 100 grams of product.
This level of detailed regulation can lead to seemingly arbitrary results where products that are only marginally different (e.g., in sugar content) will fall on either side of the prohibition, even though it is difficult to prove that one is actually less healthy than the other. The attempt to divide food products into 10 categories also means that there may be uncertainties and doubts about which category certain food products belong to.
Types of marketing:
It is unclear which types of marketing are considered "particularly aimed at" children. Section 4 of the regulation provides for a comprehensive and specific assessment in each case. The regulation establishes that certain types of marketing will always be considered "particularly aimed at children." This includes, among other things, competitions with an age limit under 18 years and the distribution of taste and product samples to persons under 18 years. Otherwise, the regulation requires a specific assessment, where factors such as the time and place of the marketing, whether the marketing itself, or the product being marketed, particularly appeals to children, etc., can be considered.
Exceptions:
The regulation Section 5 includes practical exceptions, such as the product's design, packaging, and wrapping. This means that the appearance of the product itself cannot constitute illegal marketing particularly aimed at children (even if the appearance of the product may particularly appeal to children). However, if a product's design or packaging particularly appeals to children, this may be significant in the overall assessment of whether the marketing is "particularly aimed at children," as mentioned above. If the packaging particularly appeals to children, this may, for example, mean that stricter requirements are imposed on how the product is placed in the store or whether the marketing takes place in places where it is assumed that mainly children are present. Furthermore, it will always be allowed to sponsor charitable purposes, if the sponsorship contribution does not consist of products that fall into categories 1-5 in the appendix to the regulation, including chocolate, snacks, ice cream, and energy drinks. It will also be allowed to promote the sponsor's name and trademarks, if it does not involve trademarks that apply specifically to products covered by the regulation's appendix.
Enforcement:
The Norwegian Directorate of Health is responsible for overseeing the regulation and can impose corrective measures and fines.
The government has informed that the Norwegian Directorate of Health is working on a guide that will further clarify the regulation.
It will be interesting to see if the guide will clarify the ambiguities contained in the regulation, and to follow the enforcement that will be initiated from October this year. We assist with advice related to the new regulation and how best to ensure that one acts legally in light of the new rules - please feel free to reach out if we can be of any assistance.
