UK ad rules shift, boosting brands but sparking NGO backlash

New UK Regulations on Pre-Watershed Adverts for HFSS Foods Draw Criticism

The UK government has introduced new regulations regarding pre-watershed advertisements for high-fat, high-salt, and high-sugar (HFSS) foods and drinks. These rules have sparked significant criticism, with many arguing that they favor brands offering less healthy products.

A detailed “statutory instrument” was presented in Parliament, allowing advertisements from brands that do not showcase specific HFSS products to be broadcast before the 9 p.m. watershed. This means that ads featuring generic branding or corporate identities can still run during prime-time hours without restrictions.

In April, the UK government indicated that branded advertisements would be exempt from new legal requirements if they did not "identify a specific less healthy product." This exemption has raised concerns among health advocates and campaign groups.

Initially, the ban on pre-watershed ads of HFSS products was set to take effect next month. However, it was delayed until January following industry feedback. Brands are expected to begin complying with the regulations from next month.

The previous Conservative government had announced plans in 2022 to ban the advertising of HFSS products, initially scheduled for April of that year. The move faced multiple delays, leading to ongoing uncertainty for both the industry and public health organizations.

The UK government stated, “We have been clear throughout the policy’s development that brand advertising which does not identify less healthy food or drink products is out of scope of the restrictions.” They added that while some brands may be strongly associated with less healthy products, they do not intend to label them as such. Instead, the government aims to encourage brands to reformulate their products and promote healthier options.

Campaign groups have expressed disappointment with the new regulations. Fran Bernhardt, commercial determinants coordinator at Sustain, said, “This government pledged to raise the healthiest generation of children ever and yet they’ve ignored the evidence, instead pursuing a policy that essentially enables business as usual.”

She continued, “They’ve not only scuppered the opportunity to set the stage for healthier food, they've written something so weak that it incentivises industry to develop more unhealthy products. Industry will be celebrating another ruined health policy, while the UK’s children have been let down once again.”

Dr. Kawther Hashem, head of research and impact at Action on Sugar and lecturer at Queen Mary University of London, criticized the regulation for creating a “loophole [that] completely undermines the purpose of the HFSS advertising restrictions.” She argued that allowing big brands to advertise under their corporate banner or use generic branding before 9 p.m. means children will still be exposed to marketing for unhealthy products.

“Government promised robust action to protect children’s health but instead we’re left with rules full of exemptions that favour industry over public health,” she said. “If we are serious about tackling obesity and giving children a healthier future, these loopholes must be closed.”

Industry association The Food and Drink Federation has responded to the changes. A spokesperson said, “This clarification from Government on the scope of the law is very welcome and provides food and drink companies with the certainty they need to take decisions on future advertising. We look forward to seeing the final business guidance once this is available. In the meantime, industry will be following its voluntary commitment to abide by regulations from October.”

The new regulations have drawn mixed reactions. While some see them as necessary for industry clarity, others believe they undermine public health efforts. As the debate continues, the focus remains on ensuring that children are protected from harmful marketing practices and that policies support long-term health improvements.