The global prevalence of overweight and obesity in children is alarming. In 2020, 39 million children under 5 were overweight or obese, and in 2016, over 340 million children and adolescents (5-19) were affected. This is largely driven by consumption of highly processed, unhealthy diets. Despite known health risks, children's exposure to unhealthy food marketing is widespread, influencing their preferences and consumption, leading to weight gain, cognitive impairments, and increased risk of non-communicable diseases. UN agencies urge Member States to restrict this exposure. While some regulations exist, few adequately protect all children from all unhealthy food and beverage marketing. The WHO emphasizes reducing exposure to and the power of such marketing as the primary regulatory goal, aligning with Article 24 of the UNCRC, which interprets the right to health as including protection from this marketing. This paper examines three key areas of legislative design: capturing the full extent of children's exposure, balancing comprehensive legislation with practical implementation, and strengthening monitoring and enforcement.

The paper draws upon existing global food marketing policies and academic literature to illustrate the need for stronger legislative action. It focuses on three key technical areas identified in the literature as crucial for effective regulation: (i) comprehensively capturing children’s exposure to unhealthy food and beverage marketing (including age of children, marketing types, techniques and channels, and food classification systems); (ii) balancing comprehensive legislation with practical implementation; and (iii) strengthening monitoring processes and enforcement provisions. The review analyzes existing policies to identify their strengths and weaknesses, offering recommendations for improvement in each area.

The methodology employed is a review of existing global food marketing policies and relevant academic literature. The authors systematically examined current legislative approaches in different countries, analyzing their scope, effectiveness, and limitations. The review focuses on three key technical areas of legislative design: 1. **Capturing the Full Extent of Children's Exposure:** This section analyzes the age of children included in legislation (showing that many restrict protection to younger children despite evidence of adolescent vulnerability), the types of marketing covered (highlighting the limitations of 'child-directed' marketing definitions), the inclusion of brand marketing (which is often excluded but has a demonstrable impact), and the need to tailor regulations to specific media, settings, and techniques. The inadequacies of defining marketing based on audience thresholds are discussed. 2. **Balancing Comprehensive Legislation with Practical Implementation:** The review examines the challenges of implementing comprehensive legislation, given resource constraints and the need for political support. It suggests a staged approach using an overarching enabling law that sets the framework and key definitions, with more specific regulations developed and implemented over time. The Chilean model is used as an example. 3. **Strengthening Monitoring and Enforcement:** The paper highlights the need for robust monitoring systems beyond public complaints, including government auditing. It stresses the importance of sufficient penalties to deter non-compliance, discussing various enforcement mechanisms used by different countries. The need for clarity regarding which entities along the marketing chain are responsible for compliance is also discussed. The review utilizes case studies (Chile, Canada, and the UK) to illustrate specific design choices and their effects.

The key findings highlight significant gaps in existing legislation. Most countries define 'children' as those under 18 years of age, but most legislation protects only younger children. Focusing on 'child-directed' marketing is insufficient, as children are exposed to a wide range of marketing not specifically targeting them. Brand marketing is often excluded but significantly impacts children's preferences and consumption. A more comprehensive approach is required that accounts for all settings, media, and marketing techniques. The review reveals that while some countries have attempted comprehensive approaches, practical limitations often result in a piecemeal implementation that lacks effectiveness and can lead to unintended consequences (such as industry shifting marketing spending). Chile's experience of a staged implementation is highlighted as potentially effective. Strengthening monitoring through government auditing, alongside credible complaint mechanisms, is crucial, along with stronger and more timely penalties for non-compliance. The UNCRC provides a legal framework supporting the extension of protections to all children under 18.

The findings underscore the need for a more holistic and comprehensive approach to regulating unhealthy food and beverage marketing to children. The current fragmented and limited nature of many legislative efforts is ineffective in protecting children from the pervasive influence of this marketing. The paper's recommendations directly address the limitations identified, providing actionable strategies for policymakers. The importance of evidence-based food classification systems, comprehensive legal definitions, and the effective implementation of penalties are emphasized. A multi-faceted approach, incorporating the lessons learned from other regulatory efforts like tobacco control, is crucial. The legal obligation of UN member states to protect children's right to health under the UNCRC reinforces the ethical and legal necessity of strengthening these legislative efforts.

This review provides crucial insights for policymakers seeking to design effective legislation protecting children from unhealthy food and beverage marketing. Key recommendations include broadening the definition of 'children' to encompass those up to 18 years of age; adopting a comprehensive approach that considers all marketing channels and techniques; employing an evidence-based classification system for unhealthy foods and beverages; and creating robust monitoring and enforcement mechanisms with significant penalties. A staged implementation, as exemplified by Chile's experience, is a valuable strategy for achieving a comprehensive legal framework. Future research should focus on evaluating the effectiveness of implemented policies and exploring innovative monitoring strategies to address the challenges posed by the digital environment.

The review is based on existing literature and policies, and further research is needed to fully evaluate the effectiveness of various legislative approaches in different contexts. The paper acknowledges the complexities and challenges of implementing comprehensive legislation, including the need for political will and sufficient resources. The review focuses primarily on legislative approaches, but other strategies (such as public health campaigns) may also contribute to reducing children's exposure to unhealthy food marketing.