9pm watershed for junk food adverts as new rules announced

There will also be heavy restrictions for online ads

Author: Chris MaskeryPublished 24th Jun 2021

Adverts for junk food will not be allowed on TV before 9pm as new rules are announced, which also include heavier restrictions to online adverts.

The government have said the rules will come into force at the end of next year and will mean any products high in fat, sugar and salt won't be allowed online, although the companies behind those products will still be able to promote their brand.

There will also be exemptions for small businesses with 249 employees or fewer.

It's all part of Boris Johnson’s efforts to tackle obesity but the restrictions stop short of the total ban which was proposed last year.

So what can fast food and confectionery companies do?

Companies can continue to promote their products on their own websites and social media platforms under the new measures.

Firms will also be able to advertise on television before the watershed if they do not show banned foods, a ruling that is expected to be opposed by health campaigners.

Online audio will be exempted, meaning that fast food and confectionery will be advertised on radio stations broadcasting over the internet, as well as on podcasts.

The new regulations also allow exemptions for the healthiest foods within each category, such as honey, olive oil, avocados and marmite.

Tackling obesity

Public health minister Jo Churchill said: “We are committed to improving the health of our children and tackling obesity. The content youngsters see can have an impact on the choices they make and habits they form. With children spending more time online it is vital we act to protect them from unhealthy advertising.

“These measures form another key part of our strategy to get the nation fitter and healthier by giving them the chance to make more informed decisions when it comes to food. We need to take urgent action to level up health inequalities. This action on advertising will help to wipe billions off the national calorie count and give our children a fair chance of a healthy lifestyle.”

Research has found that one in three children leaving primary school are overweight or obese, as are almost two thirds of adults in England.

The consultation cited research finding that children were being exposed to increasing online junk food advertising. The Government estimated that children aged under 16 were exposed to 15 billion junk food adverts online in 2019, compared with an estimated 700 million two years earlier.

Opposition to the new junk food rules

The Advertising Association said it was “dismayed” by the ban and the food and drink sector branded the plans “headline-chasing policies”.

Sue Eustace, public affairs director at the Advertising Association, said: “We are dismayed Government is moving ahead with its HFSS ad ban on TV before the 9pm watershed and increased restrictions online.

“This means many food and drink companies won’t be able to advertise new product innovations and reformulations and larger food-on-the-go, pub and restaurant chains may not be able to tell their customers about their menus. Content providers – online publishers and broadcasters – will lose vital advertising revenue to fund jobs in editorial and programme-making.

“We all want to see a healthier, more active population, but the Government’s own analysis shows these measures won’t work. Levelling up society will not be achieved by punishing some of the UK’s most successful industries for minimal effect on obesity levels.”

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