New regulations have come into force across the United Kingdom, prohibiting the advertisement of food and drinks classified as high in fat, sugar, and salt (HFSS) on television before 9 PM and entirely across online platforms. The measure aims to address childhood obesity by limiting exposure to such advertising. The Advertising Standards Authority (ASA) is responsible for enforcing these new rules, which saw the UK advertising industry and the Food and Drink Federation (FDF) voluntarily adhere to the restrictions since October 2023.
Overview of Regulations
The new rules apply to a range of HFSS products identified as contributors to childhood obesity. Specifically, they prohibit advertising these products on television before 21:00 and at any time online. This initiative was first announced in 2020 by the then-Boris Johnson government, with an initial target implementation date of 2023.
Scope of Restrictions
The ban covers thirteen categories of HFSS products, including soft drinks, chocolates, sweets, pizzas, and ice creams. Its scope extends beyond items typically perceived as unhealthy to include certain breakfast cereals, porridges, sweetened bread products, specific main meals, and sandwiches. For example, "sandwiches of any kind" and pretzels are subject to the ban.
Decisions on which products fall under the restrictions are based on a scoring tool that assesses their nutrient levels against their content of saturated fat, salt, or sugar. While plain oats, most porridge, muesli, and granola are generally not subject to the ban, variations with added sugar, chocolate, or syrup may be included. Some products, such as certain crisps, chips, and pizza, remain restricted even after reformulation to meet nutrient guidelines.
Industry Compliance and Exceptions
The UK advertising industry and the Food and Drink Federation (FDF) voluntarily adhered to the new rules starting in October 2023 to facilitate compliance. This led to modified Christmas TV advertising campaigns that featured products with lower fat, sugar, and salt content, with items like puddings and sweet treats being replaced by fruits and vegetables in advertisements.
The legislation includes exceptions, notably allowing companies that produce HFSS products, such as McDonald's and Cadbury, to run brand advertisements. This is permitted as long as the advertisements do not display an “identifiable” product. This provision followed discussions with the food industry concerning a proposed blanket ban. For instance, Cadbury could broadcast a brand advertisement without featuring specific chocolate bars before the watershed. Additionally, firms are permitted to promote healthier versions of restricted products, a provision the government hopes will encourage food manufacturers to develop more nutritious recipes.
Rationale and Projected Impact
Public health data underpins the rationale for the advertising ban. NHS data indicates that 9.2% of reception-aged children are living with obesity, and one in five children experience tooth decay by the age of five. The annual cost of obesity to the NHS is estimated to exceed £11 billion. Evidence suggests that children's exposure to advertisements for unhealthy food can influence their dietary choices from a young age, potentially increasing their risk of becoming overweight or obese. The government projects that the advertising ban will prevent approximately 20,000 cases of childhood obesity.
Stakeholder Reactions and Industry Developments
Anna Taylor, Executive Director of the Food Foundation campaign group, described the implementation as a significant development for safeguarding children from exposure to HFSS advertising. However, Taylor also stated that allowing brand advertising could significantly weaken the impact of the new rules and advocated for a complete ban on all forms of HFSS advertising directed at children.
Katherine Brown, Professor of Behaviour Change in Health at the University of Hertfordshire, described the ban as "long overdue" and a "move in the right direction," noting children's susceptibility to the marketing of unhealthy foods and the associated risks of developing obesity and chronic diseases. Ms. Brown also called for government action to make nutritious options more affordable, accessible, and appealing.
The Food and Drink Federation (FDF) reiterated manufacturers' commitment to collaborating with the government and other entities to help consumers make healthier choices. The FDF added that investments in developing healthier products have led to a reduction of salt, sugar, and calorie content by one-third and one-quarter, respectively, in member products over the past decade.
A recent annual report by the Food Foundation indicated that some food companies began reallocating their advertising budgets to alternative media prior to the TV and online ban. Between 2021 and 2024, spending on outdoor media, including billboards and poster sites, increased by 28%. These outdoor advertisements are subject to HFSS bans only if they are located within 100 meters of facilities such as schools or leisure centers. McDonald's demonstrated the largest percentage increase in outdoor advertising spend during this three-year period.