New advertising laws around junk food

Whatever your views on junk food, it seems to have become a hot potato when it comes to laws covering what should or should not be banned by new junk food advertising rules which come into effect in October 2025.

What’s included in the ban?

The legislation will apply to both paid online adverts and TV adverts shown before the watershed time of 9pm, and is designed to curb childhood obesity.

The ban applies to a list of unhealthy foods and drinks that adverts commonly glamorise, including fast food, soft drinks and ready meals as well as pastries, cereal bars and sweetened yoghurts. The government is rolling out a scoring system to determine which foods fall into the ‘less healthy’ food category which has been controversial so far with things like porridge oats and crumpets tarred with the same brush as burgers and pizza.

Brand only ads also at risk

At one point it looked as if branded ads for ‘less healthy’ food and drink would be exempt from new laws restricting the category’s ads.

But according to the Committee of Advertising Practice (CAP), the laws may still apply even if the ads don’t show specific products.

In more detail, the laws ban ads with “identifiable” products in this less healthy category from TV before the 9pm watershed, and from any online channels.

It was assumed that when the new laws come in, brand advertising for less healthy brands could continue, provided there are no identifiable products in these campaigns. (The government itself had issued guidance suggesting this would be the case.)

Here things get a bit vague. Having now begun the consultation process and taken legal advice, CAP says the advice it issues to advertisers is now likely to be more “circumspect” around the issue, so it can’t guarantee an exemption for brand advertising.

It seems the ban isn’t about brand advertising, but about ads with an identifiable less healthy food product.

The exact wording is more complicated but that’s the gist. It suggests the law could apply “to ads where consumers are able to infer it is advertising a less healthy product, even if it is not explicitly depicted”.

Food for thought

CAP is revising its guidance for advertisers based on this, saying its update is likely to emphasise the importance of context.

Advertisers should consider the specific content and media placement of individual ads and the wider context, including overall product and service offering, to assess whether an ad is likely to be banned.

(CAP is undertaking a consultation about the new laws set to come into force in October restricting the advertising of less healthy products.)

So we’ll have to wait until then for their decision on what should or shouldn’t be banned.

With many junk food brands planning campaigns many months, sometimes years in advance, they’ll need to get creative with their advertising moving forward.

Building a strong brand is going to be more important than ever for businesses in the food and beverage sector, who can no longer rely on cinematic and appetising visuals of their food and drink.

Whatever the outcome, let’s hope it leads to a reduction in the list of health problems attributed to foods high in fat, salt or sugar.