The introduction of new rules relating to the advertising of less healthy foods and drinks (LHF) were accompanied by ASA Guidance alongside secondary advice resources. Today we explore a little more about the Guidance and how the rules will be applied by the ASA in practice.
Food for thought
The full media restrictions and are explored in Section 6 of the Guidance but, in a (chocolate covered) nutshell, they relate to ads for identifiable LHF food and drink products which appear in Ofcom regulated TV & ODPS ads shown between 5:30am and 9pm, and in paid-for internet ads.
Whilst there are some notable exemptions to these restrictions, marketers need to think carefully about whether those exemptions apply to them or to their ads.
Exemptions might apply due to the nature of the product, the nature of the advertiser or the media in question, as well as the content of the ad.
It’s not going to burger off
The rules are here to stay so our advice is to carefully review the Guidance and advice resources and keep an eye on the ASA rulings as they are published, because they will really help to illustrate to how the rules will be applied by the ASA in practice and should start to set out where the lines are likely to be drawn in various areas.
Cereal killer
The rules are likely to effectively prohibit many ads which ‘depict’ specific products which are classed as LHF.
The definition of a LHF product is based on a two-part test which is explained in Section 4 of the ASA Guidance. To be considered an LHF product for the purposes of these Code rules, products must be classified as being high in fat, salt or sugar (HFSS) through the DHSC’s nutrient profiling model and must also fall into one of the 13 LHF categories set out in the Regulations (as explained in this DHSC Guidance).
Broadly speaking, the categories cover soft drinks with added sugar, savoury snacks, breakfast cereals, confectionary, ice cream, cakes, biscuits, morning goods, desserts, sweetened yoghurt, pizza, potato products, complete meals, ready meals, battered or breaded products and sandwiches.
Get a Pizza the action
On Thursday 10 September the ASA is offering a live training session on LHF advertising and the new rules and the ASA Guidance. If you want some additional information on how the rules will be considered by the ASA in practice, don’t forget to purchase your slot!
We have also published this CAP Advice on Less healthy products (LHF) : General - ASA | CAP and more articles will be published as the rulings roll in.
If you are unable to get a place on the training session or just want some more specific advice, don’t forget we have a copy advice team who should be able to assist your enquiry and point you in the right direction.
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