The ASA and CAP introduce stricter regulations on marketing less healthy food and drink, covering TV, online, and on-demand ads, aiming to curb unhealthy eating habits among consumers.
The Advertising Standards Authority and the Committee of Advertising Practice have set out new guidance on less healthy food and drink advertising, sharpening the rules for marketers working across television, on-demand services and paid internet advertising. According to the ASA’s guidance, the restrictions apply to identifiable less healthy food and drink products shown in Ofcom-regulated TV and on-demand services between 5.30am and 9pm, as well as in paid-for online ads.
The rules hinge on a two-part test. A product must first be classified as high in fat, salt or sugar under the Department of Health and Social Care’s nutrient profiling model, and it must also fall within one of 13 categories set out in the regulations. Those categories include soft drinks with added sugar, confectionery, breakfast cereals, ice cream, cakes, biscuits, desserts, pizza, potato products, complete meals, ready meals, battered or breaded products, sandwiches and several other foods.
The ASA says exemptions may apply, but only in limited circumstances. These can depend on the product itself, the advertiser, the media channel or the content of the ad. The regulator has also warned that many ads which depict specific less healthy products are likely to fall foul of the rules, and separate guidance on realistic imagery says the brand advertising exemption may not apply if an ad shows a product that is visually indistinguishable from a restricted item.
The ASA is already beginning to test the rules in practice. In a ruling involving Morley’s Woking, the watchdog examined a paid-for Instagram ad that showed burgers, nuggets, wings, fries and drinks in a meal deal promotion. The ASA has also urged advertisers to watch its future decisions closely, saying they will help define where the boundaries are drawn. It has meanwhile offered a live training session on the rules and pointed advertisers towards its copy advice service for more specific guidance.
Disclaimer: This content is for informational purposes only and is not intended to be a substitute for professional medical judgment, advice, diagnosis, or treatment.
