Consultation Outcome: HFSS TV & Online Advertising Restrictions. Secondary Regulations

The UK Government has published its consultation outcome on secondary legislation to introduce advertising restrictions for products high in fat, salt or sugar (HFSS) on television and online. The Government has confirmed the following:

·        introducing a 9pm watershed for less healthy food and drink advertising on TV, including all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom

·        introducing a restriction on paid-for less healthy food and drink advertising online, including non-Ofcom regulated ODPS, at all times

Consultations were held in 2019 and 2020. The consultation response published in 2021 set out the decisions for the businesses, products and services that would be in scope of the restrictions. Following this, the policy was set out in primary legislation through the Health and Care Act 2022, which amended the Communications Act 2003. The restrictions will come into force on 1 October 2025.  

From December 2022 to March 2023, there was a further consultation on the draft regulations. This asked stakeholders and the public about:

·        the clarity of the definitions set out in the draft regulations of the products, businesses and services in scope of the advertising restrictions

·        specific exemptions around audio-only content