- The UK Government legislated in the Health and Care Act 2022 for new restrictions on the advertising of food and drink products high in fat, sugar or salt (HFSS): a 9pm watershed on broadcast TV/ODPS, and a total ban on paid-for online advertising.
- There are a number of exemptions from the restrictions, including for brand advertising, ‘transactional content’ and more. However, these are still to be precisely defined. A Government consultation on some of these exemptions closed on 31 March 2023.
- The implementation of the restrictions has been delayed until 1 October 2025. Ofcom has just consulted on the day-to-day regulation of the restrictions; we expect the ASA to be the designated regulator, and for full guidance for brands to be considered by CAP/BCAP over the course of 2023.
The full briefing is available below.