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HFSS Advertising Ban

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Retail Randoms

Retail Randoms

COVER STORY: LEGISLATION

Government confirmS HFSS ad ban

THE GOVERNMENT HAS CONFIRMED THE INTRODUCTION OF NEW RESTRICTIONS ON THE ADVERTISING OF PRODUCTS CONSIDERED HIGH IN FAT, SUGAR AND SALT BUT HAS NOT YET CLARIFIED PROMOTIONS OR SITING RESTRICTIONS

New restrictions on the advertising of products containing high levels of fat, salt or sugar (HFSS) have been formally announced by the

Government – but the local retailing industry remains in the dark around what restrictions will be placed on promotions of HFSS foods and where HFSS foods can be sited in-store.

Under the proposals, products considered to be HFSS will not be able to be advertised on television before the 9pm watershed. There will also be a ban on paid for online advertising of HFSS products. Brands that manufacture HFSS products will still be able to advertise online and on television, as long as there are no identifiable HFSS products within the adverts themselves. The restrictions on paid-for advertising will mean that brands can continue to advertise within ‘owned media’ spaces online such as their own blog, website, app or social media page.

There are a number of other exemptions to the ban, including:

Small businesses with fewer than 250 employees will not be subject to the ban

Trade and business to business advertising will still be permitted Audio only advertising (radio / podcasts) will still be permitted.

The regulations, which are set to be enforced by the UK communications regulator Ofcom, are due to come into force by the end of next year.

ACS Chief Executive James Lowman said: “We’re pleased that small businesses have been made exempt from these regulations. With social media, web sites and local advertising an increasingly important part of convenience stores’ marketing activity, we will now be making sure that there is absolute clarity on the application of these rules so that retailers who do have to comply don’t inadvertently breach these regulations.”

“While we now have more clarity on the advertising regulations, we are still waiting for details of rules to limit certain types of promotions and to state where products can be sited in stores.”

The regulations on TV and online advertising are just part of the Government’s “While we now have more clarity on the overall Obesity Strategy, advertising regulations, we are still waiting which also includes pro posals to limit the place for details of rules to limit certain types of ment of HFSS products promotions and to state where products in stores and introduce tighter restrictions on can be sited in stores.” promotions, also due to come into force next year. Despite the short timeframe until implementation, the Government is still yet to clarify important details in the regulations, such as the number of stores that will be in scope.

Lowman continued: “While we now have more clarity on the advertising regulations, we are still waiting for details of rules to limit certain types of promotions and to state where products can be sited in stores. These rules are due to be implemented in just nine months’ time, and it is already too late for thousands of the affected stores to make the necessary changes to their layouts. We need a delay to give retailers enough time to comply.”

The Food and Drink Federation (FDF) has accused the government of pursuing “headline chasing policies” that would undermine its existing plans around reformulation programmes to calories, sugars, salt and portion sizes.

The FDF’s Chief Scientific Office Kate Halliwell said: “The proposals would make it difficult to advertise many products that have been carefully reformulated or created in smaller portions in-line with the Government’s own targets. For example, Cadbury would not be able to advertise their 30% reduced sugar Dairy Milk.”

Halliwell said the proposals signalled a lack of joined-up policy and concluded: “While we are disappointed that Government is pressing ahead with its plans for the bans, we will continue to work with Government constructively to ensure the policies are practical.”

The full details of the regulations are available here.

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