Govt chews over rethink of junk food advertising ban

The UK advertising and marketing industry has welcomed reports of a Government review into planned restrictions on advertising food and drink high in fat, salt, or sugar (HFSS) amid claims the crackdown would not prevent childhood obesity but would have a damaging affect on businesses.

The ban on HFSS ads on TV before 9pm and paid-for ads online has already been paused for a year, but is still due to come into force in January 2024. This was due to a delay to the Health & Care Bill receiving Royal Assent, as well as a growing recognition that the industry needs more time to prepare, the Government said.

Rules banning multibuy deals on – including buy one get one free (BOGOF), ‘3 for 2’, and restrictions on free refills for soft drinks – were due to come into force in October 2022 and have also be delayed for a year.

The review – which has reportedly been ordered by the Treasury – is being seen as part of Prime Minister Liz Truss’ drive to cut burdens on business and help consumers through the cost of living crisis.

While there is no official confirmation yet, Whitehall sources said the review was “deregulatory in focus” and is expected to lead to the new government ditching a raft of anti-obesity policies.

It is claimed the rethink – which the Department of Health & Social Care has referred to as an “internal summary” of the evidence around obesity policy – will also look at possibly ditching calorie counts on menus in many large takeaways and restaurants. These only became mandatory in April and are designed to encourage people to choose healthier dishes.

IPA director of legal and public affairs Richard Lindsay said: “A review by the new Health Secretary of the HFSS advertising restrictions on TV and online, introduced by the previous Government, would be very welcome.

“We have always been clear that, based on that Government’s own evidence, the restrictions would do nothing to address the problem of childhood obesity that all of us want to solve, but would have a damaging impact on businesses. That we are still waiting for a Government consultation to provide details of the restrictions just adds to the uncertainty for businesses.”

The Government first mooted proposals to banish ads for food and drink brands high in fat, salt and sugar (HFSS) in August 2019 with plans to move TV and online ads beyond the 9pm watershed. However, in November last year it was announced that the ban would extend to all online ads, no matter what time of day.

More than 800 food and drink manufacturers – including Unilever, Mars, Britvic, Kellogg’s and Associated British Foods – joined the fight against the plans, claiming the proposal was “disproportionate” and that targeting tools could easily assuage concerns.

The companies, which between them own more than 3,000 UK brands, insisted they were not being given enough time to submit detailed objections.