HFSS online ad ban postponed to 2025
The Government has moved the implementation of the HFSS online ad ban to 2025, following lobbying from the IAB, our members and industry partners
Learn morePosted on: Tuesday 29 June 2021 | IAB UK
From what food and drink is caught by the online ban to how it could impact you, and what happens next, we answer some of the most pressing HFSS-related questions. Last updated December 2022
The Government initially announced that it would implement a total ban on paid-for advertising online for certain products that are High in Fat, Sugar or Salt (HFSS) by the end of 2023, along with a 9pm watershed on TV (note: this Q&A covers online only. There are some differences in the new rules for TV).
In May 2022, the Government announced that it would delay the implementation of the HFSS online ad ban and TV watershed by a year - pushing it back to January 2024. In December 2022, the Government announced a new date for the implementation of the ban: 1 October 2025. The new 2025 implementation date is welcome as the Government only published the required secondary legislation at the same time as it announced the new date. This legislation is crucial to allow regulators to develop detailed guidance on the ban and what is and is not permitted. The industry needs this clarity in order to sufficiently prepare. Find out more here.
In December 2022, the Government published draft secondary legislation relating to four key areas: product categories, SMEs, regulated radio and online audio. This is open to industry consultation, with responses due by 31 March 2023. IAB UK will be reviewing the consultation and responding in due course. We will keep members informed as to what the draft legislation includes and how to feed into our response, but please get in touch if you have any questions.
HFSS refers to food and drink products that are high in (saturated) fat, salt or sugar according to the Department of Health’s Nutrient Profiling Model (NPM). Foods that score four or more, and drinks one or more, are classed as HFSS. Full details of the NPM are available here.
For the purpose of this proposal, the ban applies to a specified list of types of products, if they are classed as HFSS by the NPM. The list is in line with other Government policies to restrict the promotion and placement of HFSS products in retail, with the addition of products eaten ‘out of home’ (main meals, starters/sides/small plates, children’s meal bundles and sandwiches).
No. The Government has narrowed down the products that fall within the scope of the ban, in order to focus on those most likely to be of appeal to children. There is a revised list of categories that are included in the ban, which will be subject to the ‘HFSS test’, i.e. what level they score on the Department of Health’s Nutrient Profiling Model.*
* This is subject to the final secondary legislation that's currently subject to consultation. We will update with further details accordingly.
Yes. The following are exempt from the online ban*:
You can find out more via our downloadable infographic here.
* This is subject to the final secondary legislation that's currently subject to consultation. We will update with further details accordingly.
The distinction is based on whether or not the service is regulated by Ofcom. Broadcast TV and ‘On-demand programme services’ (ODPS) that are regulated by Ofcom are subject to the 9pm watershed. Any other on-demand service is subject to the online rules.
As of December 2022, the ban is due to be introduced on 1 October 2025. You can read more about this here.
No. In terms of advertising or media in scope, the ban extends to all paid-for advertising online (except in digital-only audio) such as search and social, video, in-game and in-app, etc. Specifically, this includes:
* This is subject to the final secondary legislation that's currently subject to consultation. We will update with further details accordingly.
The advertising bans are part of a wider drive from the Government to tackle the UK’s rising obesity rates. The Government has had various plans in the past to address obesity and has decided it needs to do more as a result of the COVID-19 pandemic. The new ad measures are intended to “shape the marketing to our children”, hence the 9pm TV advertising watershed. However, an outright online ad ban evidently extends this to everyone, by entirely eliminating ads for HFSS products online.
It’s not that clear-cut - see above. But the ban is not limited to what people might typically consider to be ‘unhealthy’ food. The categories that are in scope are broad, and include not only ‘fast foods’ such as pizza and burgers, but also things such as sandwiches and yogurt. It doesn’t just affect brands’ own campaigns to promote their products, it also affects supermarket ads - such as for Christmas dinners and picnics - if they include HFSS products, although SMEs (less than 250 employees) are permitted to advertise HFSS products that they make or sell. Transactional content (i.e. linked to buying/selling products, such as an online supermarket) is exempt from the ban, as are B2B communications.
No. While the details are yet to be worked through, we expect that existing CAP Code rules will continue to apply to HFSS ads that are permitted (i.e. ads for products that are out of scope of the ban, and brand ads). These rules include age-related restrictions on placement/targeting as well as rules on creative content.
As with product ads not in scope of the ban, we expect the existing CAP Code rules and guidance to continue to apply to all permitted ‘HFSS ads’. Under the CAP Code, this includes both ads for HFSS products and brand ads that have the effect of promoting an HFSS product. These HFSS ads will almost certainly continue to be subject to current age-related restrictions on placement/targeting ad creative content.
The IAB, our members and industry partners have been lobbying against the ban since it was first announced by Boris Johnson’s administration in 2020 as part of the Health and Care Bill. You can read a piece from our CEO Jon Mew here for further details.
In 2022, our focus has been on communicating to policymakers that the industry needs clarity on what will be covered by the ban in order to sufficiently and effectively prepare for it. The required legislation was not published until December 2022. At the same time as publishing this draft legislation for consultation, the Government moved the implementation of the HFSS online ad ban to 2025, following lobbying from the IAB, our members and industry partners.
Our CEO Jon Mew says: “Throughout this process, we have been clear with Government that clarity and certainty are essential for our industry to effectively adhere to the HFSS online ad ban. The new implementation date is welcome and shows that policymakers are listening. Our members now have longer to prepare for the ban and gain much-needed clarity from the Government about exactly what’s in scope and how it will work in practice.”
We are in close contact with members of the IAB UK Regulatory Affairs & Public Policy Group, and will be working with them as we review the draft secondary legislation and form our response to the consultation. We will of course also be keeping all IAB UK members up-to-date on the process as it develops. If you have any questions or would like more information, please contact [email protected].
The Government has moved the implementation of the HFSS online ad ban to 2025, following lobbying from the IAB, our members and industry partners
Learn moreIn what is a major win for the digital ad industry, the Government has announced that the implementation of the HFSS online ad ban will be delayed by a...
Learn moreIs the Government still planning to implement it at the start of next year? Read an update from our policy and regulatory affairs team
Learn moreTo help all parts of the digital ad industry understand what is and isn't covered by the impending ad ban, we’ve put together some easy-to-use guidance ...
Learn moreDiscover why digital advertising is effective for reaching your customers and building brands.