The advertising and marketing industry has been engulfed in a fresh row over the new restrictions on ads for so-called junk food – due to come into force on October 1 – following a further delay in guidance on how the rules will be policed.
The ban on advertising food and drink high in fat, salt, or sugar (HFSS) has been a long time coming, having first been mooted by the Conservative Government in August 2019. It was eventually passed in April 2022, and initially paused for a year. It was then due to come into force in January 2024 but delayed again until October this year.
The restrictions cover ads on TV before 9pm and paid-for ads online and health minister Andrew Gwynne recently said they will “help protect children” from advertising that evidence shows can influence their eating preferences from a young age.
However, the Committees of Advertising Practice, which make the rules that are policed by the Advertising Standards Authority is now revising its guidance.
In a statement, CAP said: “Based on legal advice to support our evaluation of consultation responses, CAP (supported by the ASA and Ofcom) now considers that some parts of the proposed guidance are likely to require revision, particularly parts relating to brand advertising.”
These means the completed guidance might not be published until the spring, slashing the time advertisers have to prepare.
IPA director of legal and public affairs Richard Lindsay said: “The delay in publication of CAP’s guidance on the advertising restrictions on less healthy foods is very frustrating for all concerned. This statement by CAP demonstrates the very difficult position in which they have been placed because of ambiguous legislative drafting and mixed messages from Government.
“We will all have to wait until the final guidance is published – potentially in the spring – before being able to see how the ASA is likely to interpret ads under the new rules.
“Until then, advertisers, agencies and the media will be unable to plan and manage relevant campaigns with any certainty. In the meantime, the IPA will be working with our trade association colleagues to seek clarity from Government.”
Meanwhile, the Food & Drink Federation branded the move “incredibly disappointing”.
A spokesperson said: “The Government originally announced a delay to the regulations in 2022 to give industry more time to propare but we’re still waiting for guidance to be published and the information that has now been shared is unclear and confusing.
“Food and drink brands typically plan their ad campaigns 12-18 months in advance, so this lack of detail and potential change to what is in scope will cause a lot of uncertainty and may require businesses to make costly changes to their advertising plans, We urge the Government and regulator to provide clarity on this issue as soon as possible.”
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