The UK’s advertising trade bodies have launched an awareness campaign ahead of new restrictions around how “less healthy” food and drink (LHF) can be advertised coming into play.
The campaign, launched today (31 July) by trade bodies including the Advertising Association (AA), ISBA, the IPA and the IAB UK, is designed to help marketers understand the restrictions. The industry has agreed to comply with these restrictions from 1 October, which ban LHF products from online advertising and on TV pre-watershed.
The law introducing these restrictions will not come into play until 5 January 2026. However, earlier this year advertisers struck an agreement with the government stating they would comply with the rules from October onwards. The government delayed the law from October to January in order to be able to write an exemption for brand advertising into the legislation.
The law is designed to ban “less healthy” food and drink products from being advertised online and on TV pre-watershed. However, the government has said the law’s purpose was never to prevent brands with LHF products from advertising.
Government has listened to industry representations regarding the brand exemption; now it’s incumbent on advertisers to play their part.
Rob Newman, ISBA
While the law was intended to facilitate brand advertising where a LHF product was not on show, concerns were raised earlier this year with the way the law was written essentially leaving it open to interpretation. This essentially meant the law may have acted to prohibit brands associated with LHF products from advertising online or on TV pre-watershed.
In May, the government confirmed its intention to delay the law to write in the brand exemption, following agreement from the advertising industry it would act as though the rules are in place from October.
Industry bodies have stressed the importance of advertisers conforming to this agreement, which, although voluntary, is important to signify commitment to responsible advertising to the government – as well as the wider public.
“The LHF industry agreement is about trust,” says ISBA director of public affairs, Rob Newman. “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.”
In a bid to help advertisers to conform to the agreement, industry bodies are launching a campaign signposting resources designed to aid understanding and compliance with the new rules. The aim is to drive awareness among brands, agency creatives and planners, media owners, sales teams, influencer agencies and tech companies.
The voluntary agreement will come into play at the start of the fourth quarter, a period that is absolutely pivotal for many food and drink advertisers. With events like Halloween and Christmas on the horizon, the so-called ‘Golden Quarter’ sees a great deal of advertising investment.
With this in mind, the awareness driving campaign includes seasonal catchphrases to remember when planning festive ads, such as ‘Don’t be on the Naughty List’ and ‘Don’t get Tricked when showing Treats’.
What do the rules mean for advertisers?
In order to equip advertisers with the information they need ahead of the rules coming into play in October, industry bodies have launched a number of resources, including online training and a ‘frequently asked questions’ (FAQ) resource.
The AA has also created a one-page explainer document designed to distil the rules in one place. The guidance offers advice on which channels and products are in scope, as well as where affected advertisers should go for advice.
There is also guidance on what will not be allowed under the incoming rules. LHF products are not to be shown or referred to by name in the advertising. This includes where a product is out of packaging but still recognisable, or where it might be illustrated in art or cartoon form.
Brands also shouldn’t “include branding inextricably linked to a LHF product variant” or “use a combination of factors that may identify a LHF product”.
As legislation around less healthy food has been introduced, many brands have pursued reformulation and NPD, creating more options not restricted by the law. What these rules mean is that where brands are advertising a non-LHF variant they will have to make clear that it is so.
If a brand were advertising a product that is non-LHF, but out of packaging looks very similar or identical to an LHF product, then it could fall under the scope of the restrictions. For example, if a crisp brand was to have one variety that fell under the LHF definition and another product that didn’t, but the actual product (out of the packaging) looked similar, then the brand would have to make clear the product depicted in the ad was non-LHF (for example through packaging) or risk falling foul of the legislation.
In conclusion, the AA says it wants to see “brilliant, creative work” from October and beyond. The introduction of the new rules will mean that coming into the Golden Quarter, many advertisers will be forced to think differently about how they advertise their products, with the restrictions potentially meaning marketers will need to get more creative about their work.
