ASA launches consultation on rules for child-targeted food ads

The Advertising Standards Authority (ASA), the UK's advertising watchdog, has launched a consultation process regarding the implementation of enhanced regulations aimed at further restricting food and drink advertising to children on television, on-demand programme services (ODPS), and paid online advertising media. In response to mounting concerns about the impact of advertising on children's dietary choices, the government introduced legislation in 2022 mandating additional restrictions on ads for "less healthy" food and drink products.
Ofcom, the statutory body overseeing these new restrictions, has designated ASA as the frontline regulator for this initiative. The rules reflecting these restrictions will be seamlessly incorporated into the UK Advertising Codes.
The newly proposed regulations for "less healthy" products are scheduled to take effect from October 2025. Under these rules, ads for identifiable less healthy products will be prohibited on Ofcom-regulated TV services and ODPS between 5:30 am and 9:00 pm. Furthermore, such ads will be restricted from appearing in paid-for spaces in online media at any time.
These regulations will apply to products categorized as high in fat, salt, or sugar (HFSS), constituting a subset that has been subject to dedicated restrictions in the UK Advertising Codes since 2007. The less healthy product rules will augment the existing HFSS rules set by the Committees of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP). The consultation process encompasses three key areas that facilitate the seamless implementation of the new restrictions: Guidance: Providing comprehensive guidance accompanying the new rules to assist advertisers, media owners, and practitioners in their application.

Transposition of legislation: Incorporating the legislation into new UK Advertising Code rules for each of the restrictions. Technical updates: Ensuring the interoperability of the less healthy product rules with the existing rules on HFSS advertising.

The consultation does not address the underlying policy basis for the new restrictions or the provisions established by legislation. These aspects were thoroughly addressed through the extensive consultation process undertaken by the Government up to 2021. The consultation period is open to all stakeholders, including the public, and will run for eight weeks, concluding on 7 February 2024, at 5:00 pm.