The government’s new HFSS advertising rules “probably means we can’t run a Christmas ad” M&S chairman Archie Norman has said.
M&S was among eight of the 10 “most effective” Christmas ads of 2024, according to The Grocer analysis of Kantar data, that would not be permitted under the new rules, which restrict promoting foods high in fat, salt or sugar before the 9pm watershed.
Speaking at the Retail Technology Show in London on Wednesday, Norman said: “This country is regulating to stop people talking about mince pies during the day.”
While conceding it was a “perfectly reasonable idea” to limit advertising of unhealthy food to children, he bristled at the fact “you won’t be able to run an ad that includes Christmas pudding, your mince pies or sausages”.
The new HFSS ad rules outlaw ads for specific unhealthy products, but last month the Advertising Standards Authority launched a consultation on proposals which would see non-specific brand ads featuring unhealthy foods – even if not exclusively so – fall under the watershed as well.
This would mean supermarket Christmas ads – which typically feature a wide range of healthy and unhealthy products – are likely to fall foul of the legislation when it comes into force from October 1.
The lack of clarity has left hundreds of millions of pounds of marketing spend for this year’s golden quarter “in limbo” The Grocer revealed last month. Supermarkets and leading food brands claim they have been unable to push ahead with the usual spending decisions and creative planning on TV and associated in-store advertising campaigns.
Last month, the boss of the FDF warned the government will face a series of legal challenges to the ban unless it acts urgently to clear up confusion over its interpretation.
Norman bemoaned the fact supermarkets have this year “got more incoming regulation than we’ve had [at] any time I can remember”.
M&S’s 2024 Christmas advertising campaign, led by Dawn French as the M&S Food Fairy, was among the most effective of the year, according to Kantar. It achieved strong scores for enjoyment (top 2%), humour (top 5%), and branding (top 4%).
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