Direct exhortations to children: reviewing Annex Z 28 UWG

Annex Z 28 UWG covers the inclusion of a direct exhortation to children in advertising to buy the advertised products or to persuade their parents or other adults to buy the products for them. The rule therefore does not apply merely because children see an advertisement. It focuses on a specific communicative step.

The provision appears in the Annex to the UWG. The commercial practices listed there are unfair in all circumstances. A low price, a popular brand or a social purpose does not remove the direct exhortation.

The rule implements the European standard in Annex I no 28 of Directive 2005/29/EC. The directive does not prohibit advertising addressed to children as such. It protects children from immediate purchase exhortations and from pressure to make adults buy for them.

An exhortation is direct when the wording or design addresses children immediately and asks them to take a concrete action. Expressions such as “Buy it now”, “Get yours” or “Ask your parents to buy it” may be relevant signals. The context remains decisive rather than any single word.

The rule also covers an instruction to persuade parents or other adults. Advertising does not need to use the word “persuade”. A child friendly instruction to keep asking for the product or to press parents with a particular argument may convey the same meaning.

A product description, an entertaining game or factual information must be assessed differently. The critical point is the shift from information to an immediate purchase impulse directed at children.

The audience is not determined only by online targeting settings. Language, characters, platform, programme environment, placement and the product itself also matter. A campaign may be aimed particularly at children through its design even where distribution is broader.

The text line cannot be assessed in isolation. A purchase hint may be reinforced by a child oriented character, a reward mechanism or repeated prompts. At the same time, general product information is not automatically a direct exhortation merely because children can see it.

Preserve the approved version, variants, campaign settings, placements and period. For influencer content and social media, the caption, comments, links and response mechanics should also be kept.

Annex Z 28 UWG does not protect only against a child’s own purchase pressure. It also covers an exhortation to persuade parents or other adults to buy for the child. The rule recognises the role children may play in family purchasing decisions.

A campaign may cross the line when it tells children to insist, ask repeatedly or use a particular argument to secure the purchase. The more concrete the instruction and the stronger the emotional pressure, the closer the conduct is to an unlawful direct exhortation.

Businesses should distinguish neutral product information from an activating instruction addressed to children. Internal approvals should preserve the exact wording, intended effect and responsible decision maker.

The Annex Z 28 review is separate from the question whether advertising is properly identified. Advertising can be clearly labelled and still contain an unlawful direct purchase exhortation to children.

Nor is the issue simply whether children may belong to the audience. Advertising to children is not prohibited in general. The decisive question is whether the concrete material directly urges children to buy or to influence adults.

Other reviews may be required as well, including misleading claims, aggressive practices, data protection and media law. They do not replace the separate Annex Z 28 assessment.

When a campaign is challenged, preserve the complete advertising rather than a single screenshot. Keep the version, publication date, platform, audience settings, reach and internal approvals.

When reviewing a competitor, document the complete environment. Keep the landing page, comments, links, accompanying video and versions of the advertisement. An isolated sentence may not show the actual message.

The response depends on the claim, evidence and urgency. Injunctive relief may be relevant where the requirements are met. The topic page on injunctions and interim relief explains the general framework. The advertising claims check helps structure the message, audience and evidence.