Navigating the New Advertising Restrictions on Less Healthy Foods: What Advertisers Need to Know
As the United Kingdom gears up to implement new advertising restrictions on less healthy food and drink products (LHF), set to take effect in October 2025, the landscape for advertisers is undergoing significant changes. The Advertising Standards Authority (ASA), acting on behalf of Ofcom, is finalizing guidance to clarify how these restrictions will be enforced. This article explores the current status of the guidance, the implications for advertisers, and the anticipated timelines for the consultation process.
In recent consultations, the Committees of Advertising Practice (CAP) sought feedback from a wide array of stakeholders on the proposed rules. The new regulations will prohibit advertisements for identifiable LHF products during specific hours on television and on-demand services, as well as in paid online media at any time. This ban is built on a two-stage test that evaluates both the nutritional profile of the products and their categorization under the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024. As the consultation period concluded on February 7, 2024, advertisers have been keenly awaiting the final guidance that will shape their strategies.
The implications of these upcoming restrictions are profound. The consultation process has prompted a reassessment of certain aspects of the proposed guidance, particularly regarding brand advertising. Initial interpretations suggested that branding for a range of less healthy products could be exempt from restrictions if no specific LHF product was mentioned. However, legal advice and stakeholder feedback have led to a more cautious approach. The core of the law emphasizes that advertisements are deemed identifiable if UK audiences could reasonably recognize them as promoting an LHF product, regardless of the explicit mention of such products. This critical distinction means that advertisers must now conduct a more nuanced evaluation of their advertising content and context.
- Key Findings:
- Advertisements for identifiable LHF products will be banned from TV services and on-demand platforms during daytime hours.
- Paid advertising online will face restrictions at all times.
- The two-stage test for product identification involves both nutritional criteria and category classification.
- Brand advertising may still fall under restrictions, depending on audience recognition.
Expert opinions in the field underscore the complex challenges that advertisers will face as these guidelines evolve. Many industry leaders argue that while the intention behind the restrictions is to promote public health, the ambiguity surrounding brand advertising and identification criteria poses significant risks for compliance. As one marketing expert noted, “Advertisers will need to be vigilant about how their branding is perceived in light of these regulations, as the line between compliant and non-compliant advertising has become increasingly blurred.”
In conclusion, the finalization of guidance on advertising restrictions for less healthy food products represents a pivotal moment for the advertising industry in the UK. As CAP prepares to revise and consult on the guidance in the coming weeks, stakeholders are urged to engage actively in the process. The aim is to strike a balance between effective public health measures and the operational realities faced by advertisers. With the final guidance expected to be published in spring 2025, the countdown has begun for advertisers to adapt their strategies in anticipation of a landscape that will demand greater scrutiny and compliance than ever before.
