The Advertising Regulatory Board's Jurisdiction: Implications of Bliss v Advertising Regulatory Board for Public Health Policy on Unhealthy Food and Beverage Advertising
DOI:
https://doi.org/10.17159/1727-3781/2025/v28i0a19894Keywords:
Advertising Regulations, self-regulation, public health policy, unhealthy food and beverage, jurisdictionAbstract
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.
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Literature
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Case law
Advertising Standards Authority v Herbex (Pty) Ltd 2017 6 SA 354 (SCA)
Advertising Regulatory Board NPC v Bliss Brands (Pty) Ltd 2022 4 SA 57 (SCA)
Brandhouse Beverages (Pty) Ltd v Advertising Standards Authority of South Africa (unreported) case number 2331/15 of 28 April 2015
Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC 2021 JDR 1019 (GJ)
Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC 2023 10 BCLR 1153 (CC)
Nestlé (SA) (Pty) Ltd v Mars Incorporated 2001 4 SA 542 (SCA)
Ndoro v South African Football Association 2018 3 All SA 277 (GJ)
Remuskzo v Poland (case number 1562/10) 16 October 2010
Legislation
Copyright Act 98 of 1978
Constitution of the Republic of South Africa, 1996
Electronic Communications Act 36 of 2005
Independent Communications Authority of South Africa Act 13 of 2000
Promotion of Administrative Justice Act 3 of 2000
Trademark Act 194 of 1993
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UN Convention on the Rights of the Child (1989)
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Copyright (c) 2025 Yolanda Tarisayi Radu, Dr Sameera Mahomedy, Mikateko Mafuyeka
This work is licensed under a Creative Commons Attribution 4.0 International License.
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