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Prohibition on advertisements relating to Nutri-Grade beverages graded “D”

Food Regulations

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—(1) A person must not publish, cause to be published, or take part in the publication of, any advertisement used or apparently used to promote, directly or indirectly, the sale of a Nutri-Grade beverage graded “D”. (2) Paragraph (1) does not apply to any advertisement —(a)that does not contain a recommendation relating to the consumption of the Nutri-Grade beverage and is published by means of a catalogue, price list or other document for the purpose of supplying the Nutri-Grade beverage by wholesale;(b)that provides information about the Nutri-Grade beverage’s name or price or both but does not otherwise promote its sale and is published —(i)on the corporate website of —(A)a manufacturer, an importer or a distributor of a Nutri-Grade beverage that is not freshly prepared; or(B)a seller of a freshly prepared Nutri-Grade beverage;(ii)as part of a product launch that is not accessible to any member of the general public other than an invited guest; or(iii)in the form of a press or media release; (c)that complies with all of the following requirements:(i)the advertisement is published at a variety shop or an online variety shop;(ii)the advertisement is for a prepacked Nutri-Grade beverage that is not freshly prepared;(iii)the advertisement displays an image of the Nutri-Grade beverage’s Nutri-Grade mark, except that an advertisement that involves communication in an audible message need not display the image but must include the audible message that “The Nutri-Grade of this product is D”; or(d)that is a menu, poster, sign or other material labelled in accordance with regulation 184D(4A) and (4B).(3) In this regulation —“corporate website” means an Internet website of a manufacturer, an importer, a distributor or a seller (called in this definition A) that is accessible by the public and through which the public may obtain information about A or A’s products, but does not include a specified online location;“online variety shop” means an online location of sale that sells mainly the variety of things referred to in the definition of “variety shop”;“specified online location” means any part of an online location of sale where a prospective consumer is able to select for purchase a Nutri-Grade beverage intended for sale in a specified setting;“variety shop” includes a convenience store, grocery shop, supermarket or other establishment however named that sells mainly a variety of food, small household items, toiletries and other small consumer goods.

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