On 1 November 2024, the Children’s Advertising Code and Food Beverage Advertising Code came into effect for all advertising in New Zealand, replacing the Children and Young People’s Advertising Code and the food rules in the Advertising Standards Code. Although not law as such, the ASA which sets these standards for responsible advertising and runs the advertising complaints processes has 14 member organisations representing advertisers, agencies and the media. Our previous article provided a more detailed ‘dish’ on these two codes, right before they came into effect for new advertisements from 1 August 2024. This article picks up where we left off, focussing on further changes associated with the broader application of both codes, now covering all advertisements, even those predating 1 August 2024. 

What are the key changes?

The new codes redefine who counts as a 'child' – now covering anyone under 16, rather than the previous system that split rules between children (under 14) and young people (14-18). This means those social media ads targeting high school students, or promotional media featuring Year 11s, need a recheck. The updated definition of "all media" to explicitly include influencer content, streaming services, and outdoor advertising, reflects where kids actually spend their time – from unboxing videos and photo filters to traditional TV ads and billboards. Any advertising channel where 25% of the audience is under 16 falls under these rules, which affects everything from afternoon gaming streams to school sports sponsorships.

The privacy rules under the code now specify clear boundaries around children's personal information. Ads can only show or refer to publicly available information about children – anything else needs direct consent. Want to collect details from kids for a competition or game? You'll need verifiable parent or guardian consent first, and you can only ask for information that's actually needed for the activity. The rules align with the Privacy Act 2020's protections, requiring advertisers to take extra care with storing and using children's details.

Body image and pricing claims face tighter controls too. Delivery fees can't hide in the fine print, and ads can't pressure kids about their looks or lifestyle.

The Children's Advertising Code

Advertisements targeting children may only collect publicly available personal information – anything more needs direct and verifiable parental consent. Want to collect data from kids for a competition or game? You'll need parent or guardian consent, and you can only ask for information that's genuinely needed. These requirements align with the Privacy Act 2020, demanding careful handling of children's personal information. The same goes for immersive ads like branded mobile games or VR experiences. Advertisers must identify themselves before the entertainment begins. Prices, costs, and payment terms need to be clear enough for children to understand – no confusing bundles or hidden charges.

The code also tackles broader concerns about children's wellbeing. Advertisers can't promote unhealthy lifestyles or push kids toward specific body ideals. Rules around sexual imagery and exploitation have been merged and strengthened, banning degrading or age-inappropriate portrayals of children. There is one practical exception – content showing violence, anti-social behaviour, or safety issues might get the green light if it serves a genuine educational or social purpose, like a road safety campaign.

The Food and Beverage Advertising Code

The code introduces a more rigorous way to classify 'occasional' foods and drinks, switching from health star ratings to the FSANZ Nutrient Profiling Score. This scoring system evaluates how healthy – or unhealthy – foods are. Most snacks, chips, fizzy drinks, and fast foods score poorly, landing them in the 'occasional' category.

The key rule is simple: advertisements for occasional foods and beverages cannot target children. The only exception is for sponsorships, and even then, strict guidelines apply. So while a burger chain might still sponsor junior cricket, they need to be upfront about the sponsorship relationship and follow specific rules about how they promote their products in this context.

The code also tightens how these foods are portrayed in general advertising. Ads can't suggest that occasional foods should be everyday choices or encourage purchasing more than needed. They must stick to accurate information about nutrition and portions. This means no more implying that a family movie night needs multiple bags of chips, or that a chocolate bar makes for a proper afternoon snack.

What next?  

If your business advertises on food and beverages or to children, you should check that your advertisements align with the new requirements under the two Codes. Non-compliance can lead to reputational harm and complaints to the ASA which allow the publishing advertiser, agency, or media company to remove the advertisement. 

To discuss compliance or the best response for your business, please get in touch with our experts Hayley Miller, Jenni Rutter, Nadia Ormiston, Güneş Haksever or Ashleigh Ooi.

This article was written by Güneş Haksever, a Senior Associate and Jacca Chang, a Law Graduate, in our Corporate and Commercial team.