In response to the Advertising Standard’s Authority statement on its guidance for advertisers on the 9pm and on paid-for online media advertising restrictions, and subsequent call for a further consultation, the OHA has issues the following comment, featured in The Grocer: Watchdog backtracks on junk food ad ban as brand loopholes close’:

The Obesity Health Alliance (OHA), a coalition of over 60 health organisations, has commended the Advertising Standards Authority (ASA) for resisting industry demands to weaken the Government’s policy to address child health.

The OHA is now urging the ASA to finalise its stronger guidance to advertisers, and calls on the government to remain resolute against lobbying from the advertising industry and the food and drink industry.

Successive governments, including the current administration, have committed to ensuring the new rules for restricting less healthy food and drink advertising before 9pm on TV, or online at any time, are implemented by the 1st October 2025 deadline. These were first promised under Theresa May’s government in 2018, committed to by Boris Johnson’s government in 2020 and passed into law in 2022.  This government has stated that children will no longer be exposed to adverts for junk food products from October 2025[1].

The Government’s legislation on less healthy food advertising is clear: it targets 13 food and drink categories most concerning for child health, and then only those deemed ‘less healthy’ using the government’s own nutrition benchmarks.

The public policy intention of the legislation as such, is that any advert which has the effect of promoting high fat, salt or sugar products, either through the brand association, through a generic image, or a direct call to purchase a specific product, should be within scope.

Back in February 2024, the ASA closed a consultation on guidance for advertisers during which experts had raised many concerns about potential loopholes that would allow advertisers to avoid the restrictions. The draft guidelines permit advertising images of unpackaged products, generic items, less healthy product variations or ranges, and brands predominantly associated with unhealthy products.  The OHA notes that the ASA’s draft guidelines were shaped by private consultations with food and drink industry representatives, before the open consultation[2].

The ASA statement suggests that some parts of the proposed guidance are likely to require revision, particularly parts relating to brand and product range advertising, allowing for adverts to be assessed on a case-by-case basis as to whether the advert promotes less healthy products or not.

The guidelines are not aimed at restricting all advertising but are focused on reducing marketing for less healthy food and drink products that are very high in fat, salt and/or sugar (HFSS), particularly those within categories commonly consumed by children, such as crisps, sweets, and ice cream, as well as unhealthy versions of foods like sugary cereals. This provides an opportunity for the food and drink industries to innovate, with companies able to reformulate their products to reduce fat, salt, and sugar content, enabling them to advertise healthier alternatives.

Katharine Jenner, Director, Obesity Health Alliance says: 

“This government has strongly committed to protecting children from junk food advertising, and we need to see this policy come in as planned in October 2025. Food and drink companies are prepared for this legislation, and we commend the ASA for proposing to revise its guidelines to better align with public health.

“However 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.

“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.”

More information on the Less Healthy Advertising Restrictions can be found on our website here.

[1] Junk food ad ban legislation progresses to curb childhood obesity https://www.gov.uk/government/news/junk-food-ad-ban-legislation-progresses-to-curb-childhood-obesity 

[2] A pre-consultation exercise with CAP and BCAP member bodies, and industry trade associations including the Food and Drink Federation, and the British Retail Consortium