UK Government food censorship

Following a public consultation, regulations will come into force at the end of next year to introduce a 9pm watershed for advertisements of foods high in fat, salt and sugar ( HFSS ).

The new rules apply to TV and UK on-demand programmes, as well as restrictions on paid-for advertising of HFSS foods online as part of the government's ongoing commitment to tackle unhealthy eating habits at source.

The watershed will apply from 9pm to 5.30am, meaning HFSS adverts can only be shown during these times.

In order to keep the restrictions proportional, these new regulations will apply to food and drink products of most concern to childhood obesity and will ensure the healthiest in each category will be able to continue to advertise. This approach means foods such as honey, olive oil, avocados and marmite are excluded from the restrictions.

The restrictions will apply to all businesses with 250 or more employees that make and/or sell HFSS products, meaning small and medium businesses will be able to continue advertising. The government recognises these companies may be some of the hardest hit by the pandemic and rely on online media as the sole way to communicate with their customers.

Online restrictions will be limited to paid-for advertising, ensuring brands can continue to advertise within 'owned media' spaces online; such as a brand's own blog, website, app or social media page.

Analysis from September 2019 demonstrated that almost half (47.6%) of all food adverts shown over the month on ITV1, Channel 4, Channel 5 and Sky1 were for products high in fat, salt and sugar, rising to nearly 60% between 6pm and 9pm. Ofcom research suggests that children's viewing peaks in the hours after school, with the largest number of child viewers concentrated around family viewing time, between 6pm and 9pm.

The measures set out today form part of our legislative response to tackling obesity. The government is committed to working alongside industry and will issue guidance to help them prepare for this transition.

Offsite Comment: The advertising industry is not impressed

25th June 2021. See article from adweek.com

Ad Industry Say UK Government HFSS Ban Is Set to Fail

The IAB, IPA, AA and ISBA all claim a ban will be ineffective in reversing childhood obesity rates

The UK Government writes:

We want your views on our proposal for a total online advertising restriction for HFSS (high in fat, salt or suger) products to reduce the amount of HFSS advertising children are exposed to online.

This consultation closes at 11:59pm on 22 December 2020

Consultation description

We're asking questions on:

• what types of advertising will be restricted

• who will be liable for compliance

• enforcement of the restrictions

In 2019 the government consulted on restricting advertising of HFSS for TV and online . It asked for views on whether to extend current advertising restrictions on broadcast TV and online media, including consulting on watershed restrictions. In July 2020 the government confirmed its intention to introduce a 9pm watershed on TV .

This new consultation goes further and looks at how a total HFSS advertising restriction could be implemented online. It should be read with the 2019 consultation.

Advertisers have launched a scathing attack on the government's plans to introduce further restrictions on junk food advertising, describing them as totally disproportionate and lacking in evidence.

In submissions to a government consultation, seen exclusively by City A.M. , industry bodies Isba and the Advertising Association (AA) said the proposals would harm advertisers and consumers but would fail to tackle the issue of childhood obesity.

The government has laid out plans to introduce a 9pm watershed on adverts for products high in fat, salt or sugar (HFSS) on TV and online .

But the advertising groups have dismissed the policy options, which were previously rejected by media regulator Ofcom, as limited in nature and speculative in understanding.

The AA said current restrictions, which have been in place since 2008, have not prevented the rise of obesity, while children's exposure to HFSS adverts has also fallen sharply over the last decade.

In addition, Isba argued a TV watershed would have a significant and overwhelming impact on adult viewers, who make up the majority of audiences before 9pm.

They also pointed to an impact assessment, published alongside the consultation, which admitted the proposed restrictions would cut just 1.7 calories per day from children's diets.