10 Jul 2023 | Omar Oakes

Ofcom confirms ASA will jointly police new HFSS ad restrictions

Ofcom has confirmed that the Advertising Standards Authority will act as a “co-regulator” for new rules on advertising less healthy food and drink products in the UK.

The rules, which come into force in 2025, will prohibit TV services from including advertising and sponsorship for less healthy food and drink products between 5.30am and 9pm.

On-demand TV services will also be banned from including advertising and sponsorship for so-called “high in fat, salt or sugar” (HFSS) products between 5.30am and 9pm, while HFSS ads will be banned from being aimed at UK users at all times.

The Health and Care Act, which became UK law on 28 April 2022, amended the Communications Act 2003 to introduce new restrictions on advertising and sponsorship.

The ASA had been expected to play a key role in regulating HFSS advertising. Ofcom consulted on how to implement the incoming restrictions earlier this year and none of the 25 responses it received from industry disagreed with the ASA’s appointment, the regulator’s report said today. Trade bodies the Advertising Association, Isba, as well as PepsiCo UK, said they strongly supported the proposal.

“Ofcom is confident that the ASA has appropriate complaints-handling procedures in place, and operates appropriate enforcement measures,” the regulator added.

“In recent years, the ASA has increasingly undertaken monitoring (for example, using avatar technology) and other proactive measures, especially in relation to online advertising. Ofcom considers that innovative approaches like these, designed to supplement the intelligence received from complaints, are helpful in meeting the specific challenges of regulating online advertising.”

Ofcom will now need to also amend the Broadcast Committee of Advertising Practice (BCAP) Code and the Broadcasting Code to reflect the new restrictions that apply to advertising and sponsorship on TV.