HFSS legislation ‘gutted’ by big food lobbyists as BOGOF ban goes live

The government’s HFSS advertising clampdown has been “gutted” by industry lobbying, a member of the Food Strategy Advisory Board has said.

Speaking at the IGD Future of Food conference on the day a voluntary broadcast and food industry ban on HFSS ads came into force – ahead of the delayed HFSS watershed and online ban due in January – Food Foundation executive director Anna Taylor said the measures had been badly watered down.

“The legislation has been really gutted by industry lobbying,” Taylor told the conference. “The spirit of the legislation has really been undermined.”

HFSS confusion

Advertising watchdogs launched a consultation last month after the government laid regulations which will allow thousands of brand ads from the likes of confectionery companies to continue, as long as ads don’t identify specific brands.

Brand ads had previously been expected to be outlawed under the government’s ban.

“We now have a situation where Cadbury can still advertise but Cadbury Dairy Milk cannot,” said Taylor. “This does not protect our children – the original intention of the legislation must be maintained.”

Under the voluntary ban, the food industry has promised it will not run HFSS ads for specific unhealthy products before the watershed or online.

Regulators will have no power to take action against companies that breach the agreement until the new laws come in.

Today also saw the delayed introduction of the government ban on multibuy promotions of HFSS foods, including bogofs.

The government is pushing ahead with the ban, which was initially delayed by Rishi Sunak because of the cost of living crisis.

Howver, the 10 year plan for the NHS also revealed Wes Streeting is planning to repeal the laws, along with the ban of promotions in prominent locations which came into force in October 2022, as he looks to replace them with a broader system of “smarter regulation”.