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The advertising regulatory board's jurisdiction: Implications of Bliss v Advertising Regulatory Board for public health policy on unhealthy food and beverage advertising
Yolanda T Radu
Sameera Mahomedy
Abstract
In the trilogy of cases between Bliss Brands, the Advertising Regulatory Board (ARB) and Colgate, the courts considered the self-regulatory powers of the ARB and the extent of its jurisdiction to deliberate on complaints made against an advertiser who is not a member of the ARB. The judgments of the Supreme Court of Appeal and of the Constitutional Court entrenched the advertising industry's self-regulatory regime through the ARB as the industry watchdog. The Bliss Brands decisions, whilst not directly dealing with the advertising of unhealthy commodities, touch on several issues relating to the ARB as a regulatory regime of the marketing industry that are of particular concern to the regulation of the marketing of unhealthy food and beverages. These issues include jurisdiction and independence, which are critical to the attainment of public health objectives. Using the judgments, this case note shows the limitations of self-regulation in curbing the advertisement of unhealthy food and beverages to vulnerable groups.
