The Advertising Standards Authority (ASA) has kicked off a month-long consultation on how restrictions on food & drink advertising will be applied when they come into force later this year.
The rules on ‘less healthy product’ advertising – covering items which are high in fat, salt, and sugar (HFSS) – will come into effect from October 2025. They will prohibit ads for ‘identifiable’ less healthy products from being included in Ofcom-regulated TV services and on-demand programme services between 5:30am and 9:00pm, and from being placed in paid-for space in online media at any time.
The new consultation sets out revised proposals to explain how the rules will be applied. This follows up on the first consultation launched at the end of 2023 with guidance laid out in December 2024.
However, in January the ASA – which is co-regulator of the new restrictions alongside Ofcom – said that certain aspects of the previously proposed guidance will require revision, particularly parts relating to brand advertising that does not explicitly refer to or feature products.
Many of the changes relate to the section on ads for ‘identifiable’ less healthy products. A product is deemed identifiable if persons in the UK could reasonably be expected to identify the advert as being for that product.
Where adverts are ‘more open to interpretation’, the ASA said it will balance the promotional message of it against wider contextual factors relating to the advertiser and its commercial identity/offering to establish what the public is likely to consider the ad is for. Notably, the ASA will not assess an advert based on the advertiser’s likely or expressed intent but rather how it is likely to be perceived.
In addition, adverts that depict or refer to a specific less healthy product among multiple products are very likely to be within scope of the rules. For example, a price comparison advert by a retailer that promotes its price/value advantages and includes a clear reference to or imagery of a less healthy product, are likely to be restricted.
The latest consultation is open to all stakeholders and will run for four weeks, closing on 18 March. The final guidance will be published in spring 2025, ‘barring any unforeseen developments’.
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