An HFSS product is a food or soft drink that is high in fat, salt or sugar (as classified by the Department of Health (DH) nutrient profiling model). HFSS products may also be referred to as “less healthy food and drink”. There is public debate about the impact of advertising HFSS products on levels of childhood obesity. Campaign groups and health bodies have called for tighter regulation.
Childhood obesity
In 2019, the UK Government called childhood obesity “one of the biggest health challenges this country faces”. Data from the National Child Measurement Programme 2021 to 2022 showed that over 23% of children in Year 6 were living with obesity, with 5.8% of children living with severe obesity.
The government published its Childhood obesity: a plan for action in June 2018. It set the goal of halving childhood obesity and reducing the gap in obesity between children from the most and least deprived areas by 2030. In setting this target, the government said that “obesity is associated with reduced life expectancy” and a “risk factor for a range of chronic diseases”. Reducing children’s exposure to advertising of HFSS products on television and online was an important part of the government’s approach to reduce childhood obesity.
Current restrictions under the Advertising Codes
The Advertising Standards Authority (ASA) is the UK’s single independent advertising regulator in all mediums. It does this by enforcing the Advertising Codes. There are separate codes for non-broadcast adverts (the CAP Code) and broadcast advertisements (the BCAP Code).
In response to concerns about childhood obesity, both the CAP and BCAP Codes place restrictions on the placement and content of HFSS product advertisements. A ban on the advertising of HFSS products during children's television programmes, and programmes with a high proportion of children viewers, was introduced in 2007.
Government action
Following two consultations (an initial consultation in 2019 and a second consultation in 2020), the government published in June 2021 a formal response on advertising restrictions for HFSS products. To protect children, the government said it would introduce the following advertising restrictions:
- A 9pm watershed for advertisements of HFSS products, applicable to television and UK on-demand programmes.
- A prohibition on paid-for advertising of unhealthy food and drink products online.
Both restrictions are legislated for in the Health and Care Act 2022 (schedule 18), which received Royal Assent on 28 April 2022. The act inserted new powers into the Communications Act 2003, enabling the restrictions to be taken forward in secondary legislation.
From December 2022 to March 2023, the government consulted on the draft Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2022. Stakeholders and the public were asked about:
- the clarity of the definitions set out in the draft regulations of the products, businesses and services in scope of the advertising restrictions
- specific examples around audio-only content
The government said it would lay the regulations as soon as possible.
The advertising restrictions were originally planned to come into force on 1 January 2023. However, they were postponed for a year and were then further delayed until 1 October 2025.
In the King’s Speech on 17 July 2024, the government announced it would legislate to restrict advertising of HFSS food to children. It also said it would restrict the sale of high caffeine energy drinks to under 16s.
On 12 September 2024, the government published a response to the 2022 consultation on secondary legislation to introduce TV and online advertising restrictions for HFSS products. It said the new rules would be in place from 1 October 2025.
This briefing summarises current restrictions on the advertising, marketing and promotion of HFSS products. It considers the background to, and the detail of, the new advertising restrictions as set out in the Health and Care Act 2022. It does not, however, assess the health arguments surrounding the sale of HFSS foods.