UK advertising trade bodies have joined forces on an awareness campaign for a voluntary unhealthy food ad ban.
The Advertising Association, ISBA, the IPA, IAB UK and IMTB, among others, are working to urge advertisers, agency creatives, media owner sales teams, influencer marketing agencies, fmcg brands and retailers to “Don’t be on the Naughty List” by showing ‘less healthy’ products in Christmas ads and “Don’t get Tricked when showing Treats” in Halloween campaigns.
It follows an ‘industry agreement’ with government that from 1 October, ads for identifiable ‘less healthy food’ products should not be shown before the watershed on TV or on-demand services, or as paid-for online advertisements at any time.
The government is introducing restrictions on pre-watershed and online ads for unhealthy food products, with the new rules – after several delays – coming into force on 5 January next year. They had been last set to become live in October.
Industry has sought clarity on how the legislation should be interpreted, arguing a large number of brand ads could be “accidentally” caught up in the net, at a cost to ad revenues, which advertisers claim would run into hundreds of millions.
The Grocer revealed in February that several food companies had instructed lawyers to prepare a legal challenge, claiming that the interpretation of the ban presented by its enforcer the ASA “overreached” the original aims of the legislation and would effectively result in whole sectors of the industry, such as confectionery and food-to-go companies, along with snack brands, becoming X-rated.
The ASA had suggested generic brand ads from companies producing HFSS products – for example for Cadbury rather than Dairy Milk – would be blocked, even if they did not specifically include HFSS products. This reversed the initial guidance brought out at the start of last year.
The current industry agreement – signed in May – “enables the government to clarify the law to ensure brand advertising remains exempt from the incoming legislation”, the trade bodies said today. In the meantime, the advertising trade bodies are urging industry to “comply with the restrictions, as if they were coming into force from 1 October”.
“The LHF industry agreement is about trust. Government has listened to industry representations regarding the brand exemption; now it’s incumbent on advertisers to play their part by making every effort to avoid running product ads from 1 October,” said Rob Newman, director of public affairs, ISBA.
“In every conversation we’ve had with our members, ISBA has heard how advertisers are committed to adhering to the agreement.”
The campaign includes resources for professionals working on Q4 campaigns, including FAQs, explainers, webinars and online training to help the industry comply.
“This campaign is a collaborative effort to help everyone working in our industry – from advertiser to agency, media owner to tech company – understand what is being asked of them,” said Advertising Association CEO Stephen Woodford. “It is a vital part of demonstrating the industry’s commitment to responsible advertising, while enabling advertisers to continue advertising their brands through an exemption promised by the government during the legislative process.”
Sinead Coogan Jobes, head of policy & public affairs, IAB UK, said after the “government listened to our industry’s case regarding brand advertising” it is “now for us – as an industry – to show that decision was the right one by upholding the agreement in good faith from 1 October.”
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