Plans to include sweetened versions of porridge in the government hitlist for HFSS ads have sparked a furious row between health campaigners, manufacturers and anti-‘nanny state’ groups.
Yesterday, ministers published the legislation to back the delayed plans for the ban on HFSS TV ads and a total ban online from October 2025, including confirming the list of products covered by the ban.
But within 24 hours the focus had fallen on porridge, after it was confirmed the likes of porridge pots would count alongside crisps and fizzy drinks under the restrictions for products branded “less healthy”.
While the legislation allows plain oats, the guidance reveals sweetened options will come under the ban, based on the government’s nutrient profiling system for sugar, fat, and salt levels.
A raft of products, such as sugar-added granola, instant noodles and sweetened yoghurts, will also be in scope.
Chris Snowdon, head of lifestyle economics at the Institute of Economic Affairs, slammed the plans: “We will soon be living in the only country in the world where sponge puddings, croissants and yoghurts are considered too dangerous to be advertised online and can only be shown on TV when young children are in bed.
“This is the most preposterous, puritanical government meddling and shows that this policy was never about so-called ‘junk food’ at all.”
However, Katharine Jenner, director of the Obesity Health Alliance, said the plans sent a strong warning to companies who for too long had been selling HFSS products in “healthy” categories.
“The government has sent a clear message to the industry that the days of advertising unhealthy food to children on TV before 9pm or any time online are over,” she told The Grocer.
“Thirteen categories have been identified as being the largest contributors of sugar and calories in children’s diets, with many containing hidden sugars, but if the product is not in one of those categories, it can be freely advertised.
“For far too long, the food industry has pushed back against these commonsense regulations on junk food advertising, claiming they needed ‘more time to prepare’, and watering down the restrictions at every stage to ensure their products are exempt.
“If food companies are irresponsibly adding so much sugar to products like muesli that they officially become ‘unhealthy,’ how many other products that we think are healthy are actually full of things that harm our health?”
Jon Walsh, founder of yoghurt and granola company Bio&Me, added: “Everyone knows there’s too much fat, sugar and salt in products, and government intervention is to be welcomed.
“People know that porridge is good for them, so the shock is that ingredients like the extra sugars are almost being smuggled in or hidden.
“Why are big companies turning out ‘healthy’ products that aren’t actually healthy? You need to ask them that, but it seems likely that they’re protecting their profit margins by using cheaper ingredients rather than looking after their consumers’ best interests.”
Nika Pajda, head of policy & research at campaign group Bite Back, added: “We welcome the government’s commitment to restricting unhealthy food advertising online and on TV before 9pm.
“Let’s be clear – this legislation doesn’t ban the advertising of any particular category of food. Companies can still advertise healthier products like porridge, provided it is a healthier one.
“However, some brands irresponsibly add so much sugar to products like porridge that they’re classified as unhealthy. Young people are tired of being surrounded by junk food marketing and they deserve better. As one of our youth activists said: ‘There’s no escape from junk food ads; it feels like we’re being targeted all the time.’”
An FDF spokeswoman said: “With the new regulations coming into force in less than 10 months’ time, we welcome government’s long-awaited publication of this secondary legislation and product guidance, which should ensure food and drink manufacturers are able to prepare for the implementation of these new rules.
“However, we still need the advertising regulator to publish its implementation guidance as soon as possible to ensure businesses have all the information needed to comply.
“The categories in scope for these new regulations are broadly in line with those for the 2021 promotion and placement regulations. It’s important to note that only HFSS products are included in scope of the regulation, so we mustn’t unfairly demonise entire categories or ingredients which can offer a nutritious option for adults and children alike.
“We’re committed to working with policymakers to support healthier diets and our industry already adheres to advertising rules which restrict the advertising of less healthy food on children’s media.”
The government confirmed in September it was pushing ahead with the advertising crackdown, which was delayed by the previous government as one of its many rowbacks on public health.
The ban was shelved in in 2022 after the Conservatives said it would cause too much harm to businesses fighting the cost of living crisis.
An impact assessment published yesterday, alongside the regulations, estimated the move would remove 7.2 billion calories from UK children’s diets, preventing an estimated 20,000 cases of childhood obesity.
“Obesity robs our kids of the best possible start in life, sets them up for a lifetime of health problems, and costs the NHS billions,” said health secretary Wes Streeting.
“This government is taking action now to end the targeting of junk food ads at kids, across both TV and online.
“This is the first step to deliver a major shift in the focus of healthcare from sickness to prevention, and towards meeting our government’s ambition to give every child a healthy, happy start to life.”
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