Background
On 5 January 2026, new rules in the CAP and BCAP Codes on the advertising of “less healthy” food and drink products came into force.
The rules were supported by additional guidance, “Advertising of less healthy food and drink products”, which set out various tests and exemptions relevant to the ASA’s approach to assessing individual ads under the relevant Code rules.
Ad description
An Instagram post by influencer Emma Kearney for Lidl, seen on 8 January 2026, showed Ms Kearny arriving at a Lidl store. In the voice-over she stated, “Just when you thought the Lidl bakery couldn’t get any better, they’ve launched their bakery special guests. So this means that they have two new bakery items landing every month, but they’ll be in store for a limited time only, so run and try them before they’re gone.” A close-up shot panned across a tray of Cheese Pretzels, followed by Ms Kearney putting one into a bag. It then showed her holding up two bags with the bakery display in the background; the products in the display were out of focus. The voice-over continued, “I went in this morning and there was none of the Pain Suisse left […]”, accompanied by a shot of three trays in the bakery display, showing the middle tray being refilled with Pain Suisse. The top tray was filled with Cheese Pretzels and the bottom tray with Almond Croissants. Ms Kearny then said “[…] and they came out so fresh. They were warm, they were absolutely stunning” as a final shot of the bakery display showed a close-up of the Cheese Pretzel and Pains Suisses trays only. She was then shown tasting and describing a Pain Suisse, and then a Cheese Pretzel.
The caption stated, “People Special guests have arrived at Lidl bakery! @lidlni will have 2 new bakery items landing EVERY MONTH but they will be in-store for a limited time only so run to try to get them before they’re gone. In store now Limited time only #AD”.
Issue
The complainant challenged whether the ad was a paid ad for an identifiable less healthy food product placed on the internet.
Response
Lidl Northern Ireland Ltd t/a Lidl confirmed Ms Kearney’s post was a paid ad, the placement of which was arranged through their marketing agency.
Lidl said their intent had been for the ad to be brand-led. However, they accepted that the combination of visual close-ups and verbal descriptions of the Pain Suisse and Cheese Pretzel could have led consumers to identify that the ad was for those products individually. They confirmed that the Pain Suisse was classified as a food that was high in fat, salt or sugar (HFSS). However, the Cheese Pretzel was not. They provided detailed nutrient profile calculations for both products.
They considered that the shot of the Almond Croissants constituted incidental background imagery for the Lidl Bakery, rather than being an ad for that specific product. They said consumers would not identify that the ad was for that product, and they therefore believed that the “less healthy” food rule did not apply to the imagery of that product. They provided its nutrient profile calculation, which confirmed it was classified as HFSS.
They said the ad had been removed and they had liaised with their marketing agency to ensure that all future ads complied with the “less healthy” food rules.
Assessment
Upheld
The CAP Code required that persons must not pay for ads for an identifiable less healthy food or drink product to be placed on the internet.
The ASA noted Lidl had confirmed they paid for the ad to be placed on the internet.
The ad promoted the availability of two new bakery items every month for a limited time period, with Ms Kearney shown tasting and describing the two items available in January: the Pain Suisse and Cheese Pretzel. Given the ad’s focus on the Pain Suisse and Cheese Pretzel products, we considered that consumers who viewed the ad could reasonably be expected to identify that the ad was for those products.
We also considered whether consumers who viewed the ad could reasonably be expected to identify that the ad was for the Almond Croissants. They were not mentioned in the voice-over, and the shot showing that product, in the lowermost tray in the bakery display, was brief. We considered viewers’ attention would be drawn to the movement in the shot, which was where the middle tray was being refilled with Pains Suisses. We considered viewers would therefore be unlikely to notice that the bottom tray contained croissants, nor that the label above it stated, “Almond Croissants”. We therefore considered that the reference to Almond Croissants was incidental and fleeting, and consumers could not reasonably be expected to identify the ad as being for that product.
We assessed whether the two products that were identifiable in the ad – Pains Suisses and Cheese Pretzels – were “less healthy” foods.
A food or drink was “less healthy” if it met two tests, set out in the rule. Firstly, it must be classified as HFSS according to the Department of Health and Social Care’s Nutrient Profiling Technical Guidance. Secondly, it must also fall within a food or drink category set out in law.
The Cheese Pretzel was not an HFSS food, and ads for that product therefore were not restricted by the “less healthy” food rule.
The Pain Suisse product was classified as HFSS. We further considered it fell within the “less healthy” food Category 8, which was described in law as including “Morning goods, including croissants, pains au chocolat and similar pastries, crumpets, pancakes, buns, teacakes, scones, waffles, Danish pastries and fruit loaves”. We concluded that the Pain Suisse product was a “less healthy” food, the advertising of which was restricted by the “less healthy” food rule.
We concluded that the post was a paid ad for an identifiable less healthy food product – Pain Suisse – and therefore breached the Code.
The ad breached CAP Code (Edition 12) rule 15.19 (Placement of less healthy food and drink product advertisements online).
Action
The ad must not appear again in the form complained of. We told Lidl Northern Ireland Ltd t/a Lidl to ensure their paid ads on the internet were not for identifiable less healthy foods.
