The Food & Drink Federation (FDF) has called for clarity on forthcoming HFSS regulations after advertising watchdogs backtracked on how companies should interpret the guidance.
The legislation which restricts advertising for ‘less healthy’ products is due to come in on 1 October 2025. Following a consultation, the Advertising Standards Authority (ASA) laid out guidance in December outlining which products were in scope of the regulations and how it will likely be applied.
Now, the ASA – which is co-regulator of the new restrictions alongside Ofcom – has said that certain aspects of the proposed guidance will require revision, particularly parts relating to brand advertising that does not explicitly refer to or feature products.
For example, the proposed guidance advised (with qualifications) that ads featuring branding relating to a range of entirely ‘less healthy’ products would fall outside the scope of the restrictions if there were no depictions or references to a specific less healthy product in the ad.
However, as a result of consultation responses and further legal advice, the ASA now considers that the guidance should be more circumspect in this regard, adding that the law itself makes no reference to brand advertising.
Further guidance is now being prepared and will likely clarify that – even if an advert does not explicitly refer to or feature a ‘less healthy’ product – it may still be restricted, where persons in the UK could reasonably be expected to be able to identify the ad as being for a ‘less healthy’ product.
Unclear and confusing
There have been mixed responses to this move with the FDF describing the delay as “incredibly disappointing” while health campaign groups have welcomed a potentially tightening of restrictions.
“It’s incredibly disappointing that industry is once again facing delays to the publication of the details we need for the implementation of the food advertising restrictions,” a spokesperson for the FDF said. “Government originally announced a delay to the regulations in 2022 to give industry more time to prepare, but we’re still waiting for guidance to be published and the information that has now been shared is unclear and confusing.”
The spokesperson added that the government’s intention was for the rules to restrict advertising of less healthy food and drink and that brand advertising should be allowed, but the latest information “casts doubt on this”.
“Without clarity on this, and the rest of the guidance, manufacturers don’t have the information they need to properly plan for the regulation coming into force in less than 10 months’ time,” they added. “Food and drink brands typically plan their advertising campaigns 12-18 months in advance, so this lack of detail and potential change to what is in scope will cause a lot of uncertainty and may require businesses to make costly changes to their advertising plans. We urge the government and regulator to provide clarity on this issue as soon as possible.”
The Obesity Health Alliance (OHA), meanwhile, commended the ASA for ‘resisting industry demands’ to weaken the policy. However, it also expressed frustration at yet another round of consultations.
“It is deeply frustrating that the ASA has decided to put us all – industry, public and health charities alike – through yet another round of unnecessary consultation, especially when this one closed back in February 2024. The law clearly states that ‘if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that less healthy product,’ then such adverts must not appear on television before 9pm or on paid online media at any time,” expressed OHA director Katharine Jenner.
“We strongly urge the ASA to expedite this process, prioritising the 22% of children living with excess weight – children who are on a path toward poor health in the future – over the interests of food and drink companies profiting from pushing unhealthy products on our children.”
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