While the government has reaffirmed its view that brand advertising not depicting product should be exempt from restrictions, a lack of formal guidance means brand marketers still have no clarity on the issue.
The government has re-asserted its view that “pure brand advertising” should be exempt from incoming rules that will ban less healthy food and drink products online and on TV pre-9pm.
At the beginning of the year, the Committees of Advertising Practice (CAP), which writes the UK’s advertising codes, and the Advertising Standards Authority (ASA), which enforces them, indicated it had taken advice that brand advertising that doesn’t depict any product or only depicts healthier products could also be banned under the legislation, contrary to what had previously been understood.
The draft guidance currently does not allow for an exemption for brand advertising. This would act to essentially ban brands associated with less healthy food and drink from online advertising and TV pre-9pm when the new rules come into force on 1 October.
Today (7 April), health minister Ashley Dalton clarified the government’s intention with its legislation, telling the House of Commons “the government’s view remains that pure brand advertising is not in the scope of this policy”.
“We do not expect the perception or association of a corporate brand with less healthy products to automatically bring an advert into scope of the restrictions,” she said.
Junk food ad ban: Marketers say it will force brands to ‘think smarter’
She said the new laws are intended to act as an “incentive” to brands to create healthier products. One way fast-food brands may continue to advertise on these channels as legislation is introduced is to depict only products that fall outside the scope of the restrictions, meaning they may be incentivised to create more of these kinds of products.
A joint statement from ISBA, the Advertising Association, Channel 4, ITV, Paramount, and STV says the trade bodies and broadcasters “strongly welcome” the statement from the government.
The statement calls on the ASA, as the frontline regulator, to “accept the very clear purpose and effect of this legislation”, which allows brands to continue producing non-product advertising.
“It is now for the ASA and Ofcom to issue unequivocal guidance on brand advertising, which reflects not only the law, but also the clear intention of parliament and both the present and the last governments,” it says.
“Such guidance is vital to ensure that the food, drink, retail and hospitality industries can still run brand advertising after the new legislation becomes law on 1 October.”
While the government has made clear it does not intend to introduce a complete ban on brands in the “less healthy” category advertising pre-watershed or online, many of those in sectors including fast-food, retail, and food and drink remain fearful that it could amount to that. Brands will have to wait for revised guidance from the ASA, which it is currently preparing, for clarity.
Speaking last week, Marks & Spencer chairman Archie Norman said the incoming rules could mean the end of the Christmas ad as consumers currently know them, as was reported by the Financial Times and others.
Planning cycles mean that many marketers in sectors like retail will have already started preparing for the festive season. Although the statement today reaffirms the government’s intention behind the legislation, it does not make that planning any easier.
