Those hoping the Labour government would look to ease the financial burden on businesses given the impact of the November budget and fears over inflation were in for a rude awakening today.
In a statement issued by the Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP), it became clear the looming ban on junk food ads, due to come into force this October, will be extended rather than shrunk. Guidance revealed the scheme will include more HFSS products, even when they are not specifically identified in marketing campaigns.
A year ago The Grocer revealed campaign groups were in uproar after the ASA’s initial consultation on the proposals. It suggested HFSS brands would be allowed to continue to advertise before the new 9pm watershed and in online and on-demand programming, provided the ads did not specifically pinpoint individual HFSS products.
However, today saw a dramatic shift of position, following what the ASA said was a combination of feedback and advice from lawyers, as the groups – which have been appointed by Ofcom to oversee the changes – made a swift about-turn.
Closing HFSS loopholes
Previous guidance had advised that ads featuring branding for a range of ‘less healthy’ products would not fall within scope of the restrictions, as long as “there were no depictions or references to a specific less healthy product in the ad”.
The new version is markedly “more circumspect”, saying: “Our revised guidance is likely to clarify that – even if your ad does not explicitly refer to or feature an LHF (less healthy food) product – it may still be restricted under law, where persons in the UK could reasonably be expected to be able to identify your ad as being for an LHF product or LHF products.”
With industry hopes of a further rowback or delay to the scheme (in the style of the previous government) having faded following December’s publication of the legislation to underpin the ban, this latest news suggests the implementation will, in fact, be more severe.
The move was greeted by health campaigners, who had claimed the initial interpretation of the laws left “loopholes big enough to drive a Coca-Cola truck through”.
They had been calling on Ofcom’s “enforcers” to follow the lead of Transport for London, whose ban on HFSS ads includes restrictions on the use of generic brand ads to try to stop brands exploiting such ambiguities.
Now it appears those loopholes may be closing fast. The extent to which a new government coming into power has led to this tougher stance is not yet clear, but would seem an obvious cause.
When the legislation was passed in December, health secretary Wes Streeting said obesity was “robbing” kids of a good start in life and “costing the NHS billions”.
With talks of a new National Food Strategy only in their infancy, the junk food ad ban remains the government’s biggest weapon to tackle the impact of HFSS food.
Junk food ad ban frustration
Advertising bosses have reacted with fury to the change in guidance.
“The ability for companies to advertise is crucial for growth and competition, as well as enabling the product reformulation that is at the heart of the government’s anti-obesity policy agenda,” said Stephen Woodford, CEO of the Advertising Association.
“This is why successive governments have agreed with industry that the brand exemption is important.
“We have advocated throughout the legislative process for the brand exemption to be written into law and we have been repeatedly told this was not necessary. The result is the ASA has now been put in the difficult position of having to balance inadequate legislation with the government’s public policy intention.
“The government must act swiftly to resolve this and provide industry with the certainty it needs to meet the deadline for implementing the new restrictions. We will continue to work with the regulator and ministers to ensure the stated policy is implemented properly and in full.”
So hopes of a u-turn on a u-turn have not been abandoned.
Meanwhile, both campaign groups and marketers shared their frustration today that the ASA and the CAP plan to hold a further consultation on their plans, with the finalised details of how the guidance will operate not coming out until the spring.
“Why we need yet another consultation period is a mystery,” says one campaign source. “We’ve had a year since the original consultation came out. Now we need to just get on with it.”
IPA director of legal and public affairs Richard Lindsay called the delay “frustrating for all concerned”, blaming “ambiguous” legislation and “mixed messages” from ministers.
With the finalised guidance due out in the spring, there are just six months or so before the new watershed and other measures are put in place. Measures that, after today, are looking more draconian than ever.
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