Restriction of Marketing to Children: The Advertising Case

Uganda faces a growing health crisis with an estimated 900 children under the age of 14 living with diabetes. Across Africa, type 1 diabetes among children and adolescents accounted for 166,400 cases in 2015, with 7,600 new diagnoses annually. While comprehensive data on type 1 diabetes prevalence in Uganda remains scarce, anecdotal evidence from Mulago National Referral Hospital and Masaka Regional Referral Hospital—key centers for childhood diabetes management—points to a troubling increase in cases. This silent epidemic contributes to high morbidity and mortality rates among individuals under 18.

The Government of Uganda bears a constitutional obligation under Articles 20, 22, 24, 8A, 45, and 33 of the Constitution of the Republic of Uganda, as well as Section 4(1)(g) and (L) of the Children Act, to establish a legal framework restricting the marketing, broadcasting, and advertising of unhealthy foods—particularly those high in fats, sugar, and salt—to children. Such measures are critical in curbing the rising burden of non-communicable diseases (NCDs).

In pursuit of this goal, the Center for Food and Adequate Living Rights (CEFROHT) filed Miscellaneous Cause No. 436 of 2019 under the Human Rights Enforcement Act against the Government of Uganda and the Uganda Communications Commission (UCC). The suit challenges their failure to regulate the advertisement of unhealthy foods and beverages targeted at children.

CEFROHT sought court orders compelling UCC to prohibit the marketing, broadcasting, and advertising of unhealthy foods to children across all media platforms, including online spaces. Additionally, the case demanded a ban on in-school promotions of such products and the exploitation of children in advertisements for processed foods and sugar-sweetened beverages. The suit further urged the government to enact regulations establishing a Nutrient Profiling Model and Front-of-Pack Warning Labels, empowering parents to make informed dietary choices for their children.

Currently, the case awaits determination at the Court of Appeal. All parties have filed submissions, and preparations for oral arguments are underway.

CEFROHT remains steadfast in leveraging this litigation to advocate for healthier food environments for children, combating the escalating threat of NCDs among Uganda’s youth.

Figure 1: CEFROHT lawyers after appearing in court for the case.