What are the restrictions?

From October 2025, the rules will prohibit adverts 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.

How will the restrictions work?

As we reported in a previous newsletter, the Advertising Standards Authority (ASA) has been designated by the Office of Communications as the regulatory body for online advertising of less healthy food and drink.  The Committees of Advertising Practice (CAP and BCAP), on behalf of the ASA, have recently issued a further consultation on the implementation of the new restrictions. The new consultation sets out revised proposals for guidance to explain how the rules will be applied by the ASA when they come into force in October. This follows up on the first consultation exercise launched at the end of 2023. As a recent interim statement  on the first consultation explained, responses and further legal advice have led CAP and BCAP to consider that the implementation guidance should be revised significantly to better reflect the law. In particular, the revised guidance aims to clarify how the ASA will enforce these rules, particularly concerning ads that may not directly reference food and drink but could still be restricted due to branding and content.

Preparing for compliance

Food business operators should promptly review the details of the restrictions to determine whether they are affected by the new rules and understand what steps they need to take to ensure compliance by October 2025. Additionally, for those businesses operating in England, the restrictions on volume price promotions, such as buy one, get one free and “get three for the price of two,” of HFSS products are also due to come into force in October 2025. The food and drink team at Walker Morris can help you prepare for these changes so please get in touch.