Ökonomische Auswirkungen eines Werbe- und Sponsoringverbots im geplanten Kinder-Lebensmittel-Werbegesetz (KLWG) für die Medien- und Werbewirtschaft

The German Ministry of Food and Agriculture (BMEL) is planning a ban on children’s food advertising to protect children from advertisements for foods with a high sugar, fat or salt content (Children’s Food Advertising Act, KLWG). The aim of the act is to reduce childhood and youth overweight and diet-related illnesses such as obesity. However, according to the draft law, not only advertising for food with a relatively high sugar, salt or fat content aimed at children would be prohibited. Rather, the proposed version of the KLWG implements an almost general advertising ban for almost all foods beyond fresh meat, fresh fish, fruit, vegetables, legumes, milk and (unsweetened) juices. If the law were to come into force, advertising and communication options for (many) companies in the food industry would be massively restricted. In consequence, considerable distortions of competition are to be expected not only in the food market, but also in the media landscape for private broadcasting companies and media agencies. The planned advertising ban would thus act as an accelerator for the declining media industry and endanger the diversity of opinion and media in Germany. As a consequence, there is a threat of a fundamental shift in the dual broadcasting system.