UK ad rules shift: Brands gain, NGOs protest

New UK Regulations on Pre-Watershed Adverts for HFSS Foods and Drinks Spark Controversy

The UK government has introduced new regulations concerning pre-watershed advertisements for high fat, salt, and sugar (HFSS) foods and drinks. These rules have faced significant criticism, with many arguing that they favor brands that offer less healthy products. The regulations, outlined in a detailed “statutory instrument” tabled in Parliament, allow advertisements from brands that do not specifically promote less healthy items to be broadcast before the 9pm watershed.

This development comes after the UK government signaled in April that branded ads would be exempt from new legal requirements if they did not “identify a specific less healthy product.” Initially, the ban on pre-watershed ads of HFSS products was set to take effect next month, but it was postponed to January following industry feedback. Brands are now expected to comply with the regulations starting next month.

The previous Conservative government had announced a plan in 2022 to ban the advertising of HFSS products, initially scheduled for April of that year. However, the policy faced multiple delays. The current government has emphasized that brand advertising which does not identify less healthy food or drink products is outside the scope of the restrictions. They also noted that some food or drink brands are strongly associated with less healthy products, but they aim to encourage reformulation and promotion of healthier options.

Criticism from Campaign Groups

Campaign groups have expressed disappointment over the new regulations. Fran Bernhardt, commercial determinants coordinator at Sustain, stated that the government's pledge to raise the healthiest generation of children has been undermined. She criticized the policy as enabling "business as usual" and argued that it fails to create a platform for healthier food choices. Bernhardt added that the regulation is so weak it may incentivize the development of more unhealthy products.

Dr. Kawther Hashem, head of research and impact at Action on Sugar and lecturer at Queen Mary University of London, described the regulation as creating a “loophole” that undermines the purpose of the HFSS advertising restrictions. She highlighted that allowing big brands to advertise under their corporate banner or use generic branding before 9pm means children will still be exposed to marketing for high-fat, high-salt, and high-sugar products. Hashem stressed that the government’s promise of robust action to protect children’s health has been replaced by exemptions that favor industry over public health.

Industry Response

Just Drinks approached the Food and Drink Federation for comment. A spokesperson from the association welcomed the government’s clarification on the law, stating that it provides food and drink companies with the certainty needed to make future advertising decisions. They mentioned looking forward to seeing the final business guidance once it becomes available and noted that the industry will follow its voluntary commitment to abide by regulations from October.

Ongoing Debate

The debate surrounding these regulations highlights the tension between public health goals and industry interests. While the government claims to support healthier options, critics argue that the new rules fail to address the broader issue of childhood obesity and the influence of marketing on young consumers. As the discussion continues, stakeholders remain divided on whether the regulations will lead to meaningful improvements in public health or simply serve as another example of regulatory compromise.