The dietitian-nutritionist and father of the Realfooding movement, Carlos Ríos, is once again at the center of the controversy after publishing an image on Instagram with the following message: “I just received a notification from the Ministry of Consumer Affairs and Agenda 2030 telling me that “I can’t do unfair advertising. Come on, I can’t speak ill of ultra-processed brands.” Furthermore, to reinforce the idea that the Government is trying to defame him, Ríos has shared a video in which he explains that in the posts he makes in collaboration with other brands he always indicates that they are advertising. “What I’ve been doing for many years is free advertising for real food and good habits,” he added. He has also accused the Government of laundering certain ultra-processed products with the NutriScore system and assured that he is afraid to go out on the streets due to the persecution he is suffering.
Given Ríos’ statements, this newspaper has contacted the General Directorate of Consumption, integrated into the Ministry of Social Rights, Consumption and Agenda 2030, to clarify the facts. When asked if it is true that this notification was sent to the nutritionist, the answer was the following: “Letters have been sent to influencers as part of an information campaign to warn of possible covert advertising practices with the aim that people who receive these notifications can modify their behavior.”
This body has reported that they have carried out an investigation in which it has been detected that more than 70% of Spanish influencers fail to comply with European regulations on unfair commercial practices. The study, they add, has been carried out together with the competent consumer protection authorities of Catalonia, the Balearic Islands and Madrid and has been coordinated by the Spanish Single Liaison Office of the European Cooperation Network for Consumer Protection.
“It is part of a sweep of the CPC Network in which 22 Member States, Norway and Iceland have participated under the coordination of the European Commission, and its objective was to verify whether influencers publish advertising content in accordance with European legislation,” They have insisted. Furthermore, Carlos Ríos has not been the only one investigated: the publications of 576 influencers have been reviewed, of which 97% published content of a commercial nature, but it has been detected that only one in five indicated it correctly.
In addition to receiving this letter, the affected influencers who, therefore, “have incurred potential breaches of the regulations”, will also receive a communication in which they will be offered information and advice so that their commercial content complies with the regulations. European. The companies that have participated in this covert advertising will not be spared either, as they “will also be informed of potential non-compliance and their responsibility for this purpose.”
The Ministry declares that it understands that these infractions can be committed due to ignorance and that is why it has chosen, in a first phase, to provide information to these influencers that allows them to correct their behavior and respect European legislation. And he has insisted that the notification sent to Carlos Ríos “is not related to the criticism of ultra-processed foods or recent criticism of hospitals.”
In fact, they claim to be working on new legal initiatives to try to reduce processed foods in school cafeterias and their advertising to which children are exposed.
The Government agency has also clarified that, according to the Unfair Competition law, unfair commercial practices are considered “those that include, such as information, communications that are really to promote a good or service, with the businessman or professional paying for said promotion.”
Article 26.1 indicates that covert advertising will be advertising that “includes as information in the media or in information society services or social networks, communications to promote a good or service, with the businessman or professional paying for said promotion.” , without it being clearly specified in the content, or through images and sounds clearly identifiable to the consumer or user, that it is advertising content.
