Ofcom consults on new HFSS advertising restrictions

In summary, the restrictions prohibit TV services and on-demand programme services from including advertising and sponsorship for less healthy food and drink products between 5.30am and 9.00pm and include a complete ban on paid-for online adverts for HFSS products where aimed at UK users.

Ofcom is proposing to amend the UK Code of Broadcast Advertising (BCAP Code) and Ofcom Broadcasting Code (Broadcasting Code) to implement the advertising restrictions for TV and to appoint the Advertising Standards Authority (ASA) as co-regulator to enforce the restrictions online.

Ofcom is seeking views on:

• The introduction of a new rule to section 32 of the BCAP Code: “TV advertising for identifiable less healthy food or drink products may not be shown between 5.30am and 9.00pm”. The new rule will supplement existing rules which prohibit advertising for HFSS products from appearing around programmes that appeal to children.
• The introduction of a new rule to section nine of the Broadcasting Code: “Programming (including a channel) may not be sponsored by an identifiable less healthy food or drink product between 5.30am and 9.00pm”.
• Designating the ASA as a co-regulator in relation to the prohibition of online advertising for less healthy food and drink products. Ofcom proposes to give the ASA responsibility for incorporating the rules into a code, ensuring advertisers comply with the rules and handling complaints. The ASA could refer a non-compliant advertiser to Ofcom who could exercise its statutory enforcement powers, including requiring the advertiser to take specified actions and imposing financial penalties.

Responses to the consultation on advertising restrictions were requested by 21 April 2023 and so we will update you when Ofcom publishes its conclusion.

How we can help

If you need any help understanding the Regulations and how they apply to your business, please contact Richard Naish or any of the other members of the Food and Drink team.