AnalysisEUDigital Fairness Act3 min read
The European Commission admits that influencers can push children towards foods unsuitable for their age. Yet its new Digital Fairness Act would leave sugary products free to be promoted to them.
In short
- On 11 November 2026, the Commission proposed the Digital Fairness Act, a regulation rewriting EU rules on unfair commercial practices.
- Its Recital 55 flags influencer marketing that steers minors towards unsuitable foods. Article 11, the binding rule, does nothing about it.
- One amendment would close the gap. We are taking it to the European Parliament.
The gap in the text
What the Commission says
Recital 55
“Concerns may also arise from influencer marketing where it leads to unbalanced diets or influences minors’ consumption of foods and beverages […] unsuitable for their age.”
What the rules do
Article 11(4)
Influencer marketing is banned only for products already banned from advertising by law. No EU law bans the advertising of sugary products, so they stay open to influencers.
Article 11(3)(c) does forbid presenting a product as suitable for minors when it is not. Without a nutritional yardstick, it is unlikely ever to apply to food.
Why it matters
The World Health Organization recommends mandatory rules that protect all children under 18 from the marketing of foods high in fat, sugar and salt, based on a government-led nutrient profile model. Its verdict on voluntary industry pledges: they have not had a meaningful impact.
The proposal also creates a patchwork. National advertising bans carry over to influencers under Article 11(4), so the same sponsored post could be lawful in one Member State and banned in the next.
What we ask
Our proposal
Ban influencer marketing of foods and drinks high in sugars, fat or salt when it targets children, or when children make up at least 25% of the audience.
Products would be identified with the WHO Europe Nutrient Profile Model until the EU adopts its own criteria. Food advertising in general stays untouched.
Read the amendment
Article 11, paragraph 4a (new). Traders shall not carry out influencer marketing of foods and beverages high in fat, trans-fatty acids, salt or sodium, or sugars, as determined in accordance with paragraph 4b, where the commercial communication is directed at minors or where minors account for at least 25% of its audience.
What happens next
- 11 Nov 2026Commission proposal
- Dec 2026, expectedReferral to Parliament committees
- 19 Dec 2026Commission review of the audiovisual media rules
- 2027Parliament report, then talks with the Council
We will ask the Public Health Committee (SANT) to give its opinion on the file, as it does on the EU KIDS Act.
Go further
Sources
- European Commission, Proposal for a Digital Fairness Act, COM(2026) 1100, 11 November 2026: Recital 55, Articles 11 and 12, explanatory memorandum (Eurobarometer of June 2026).
- Directive 2010/13/EU (Audiovisual Media Services Directive), Article 9(4).
- WHO, Policies to protect children from the harmful impact of food marketing, 3 July 2023.
- WHO/Europe, Childhood Obesity Surveillance Initiative, fifth round, November 2022.
