The Advertising Standards Authority (ASA) is seeking public input on the implementation of new restrictions on the advertising of less healthy food and drink on television, on-demand programme services, and online. The consultation, which was launched on 13 December 2023, follows the introduction of these restrictions by the Health and Care Act 2022.
The new restrictions, set to be enforced from 1 October 2025, would prohibit television services and on-demand programme services from featuring advertising and sponsorship for less healthy food and drink products between 5.30 am and 9.00 pm. They also ban paid-for online advertisements for these products targeted at UK consumers.
Ofcom has confirmed that the ASA will act as the frontline regulator for these restrictions, with Ofcom retaining statutory backstop powers. The outcome of Government's December 2022 consultation on the secondary legislation which will define the 'less healthy' products and exempted businesses, is still awaited.
The draft guidance from the ASA highlights several key points. The restrictions will not only apply to advertising by food and drink manufacturers but may also impact third parties associated with them, such as food delivery services. Interestingly, the online ban is only applicable to paid-for advertising. Thus, marketing on an advertiser's own website, social media channels, apps, and unpaid product listings on retail sites or delivery apps are likely to be out of scope.
The guidance further clarifies that an advert is only in scope if it is for an 'identifiable' less healthy product. Factors that determine whether an advertisement falls within the scope of the rules are outlined, and it is explained when branding advertising is out of scope.
It is important to note that advertising for high fat, salt, and sugar (HFSS) products, which is not in scope for the new restrictions for any reason, will still be subject to the existing rules in the CAP and BCAP codes.
The ASA's consultation runs for eight weeks, closing on 7 February 2024 at 5.00 pm. The results of the consultation will likely have significant implications for how less healthy food and drink products are advertised in the UK, impacting both manufacturers and consumers.
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