Advertising bosses have welcomed long-awaited “clarification” after months of rollercoaster changes to the government’s incoming HFSS ban saw final guidance published yesterday by watchdogs.
With exactly four weeks to go before the delayed ban comes into force, a third set of official guidance has been published by the Committee of Advertising Practice (CAP), setting out what companies need to do to abide by the new rules.
Industry groups welcomed the guidance despite the short lead time. They urged companies to wade through the details of the document, which explains how the new 9pm TV watershed and the total ban online for advertising of so-called less healthy products will work.
A voluntary ban by TV and online companies, agencies and food and drink companies, which was agreed with the government and Ofcom, came into force at the start of October.
However, this week’s guidance follows a series of rowbacks from ministers and tumultuous rows with industry over the impact and intentions of the ban, which dates back more than five years to the previous government.
Mixed reception
The row has focused on the extent to which HFSS brands will still be allowed to advertise provided they don’t feature specific unhealthy products. In September, ministers published a statutory instrument that meant thousands of food and drink ads that had faced being outlawed under the proposals would be allowed to continue to air.
The move forced the CAP to revisit its previous ruling on how the ban should be interpreted.
“We are pleased to see the release of the CAP guidance for less healthy food advertising restrictions today, which will steer advertisers from 5 January onwards,” said Advertising Association CEO Stephen Woodford.
“We have seen high compliance to the voluntary industry agreement from advertisers in the countdown to Christmas.
“As this voluntary period comes to an end and the rules become enforced by law, we strongly encourage the industry to familiarise itself with the new guidance in advance of 5 January 2026.”
Richard Lindsay, director of legal & public affairs, IPA, added: “It has been a long time coming, but we are pleased that the ASA has finally published its statutory guidance on the new LHF advertising rules.
“The industry has done a great job of complying with the voluntary agreement struck with the government which came into effect on 1 October. Now agencies and advertisers can use the guidance to aid compliance for those ads in restricted media that are due out from 5 January next year.”
However, other responses to the CAP’s final guidance showed some health campaigners were less than happy, claiming their fears of loopholes being created for unhealthy brands had come to fruition.
Action on Sugar said the guidance “does not encourage the promotion of healthier products or incentivise reformulation, and risks diluting any intended public health impact”.
CRUK added: “Whilst we understand that the updated guidance surrounding brand advertising reflects the legislation, we remain committed to our previous consultation responses which favoured inclusion of brand advertising within the scope of restrictions.
“Advertisers will have had over five years to prepare for the incoming restrictions since they were first introduced in July 2020.”
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