HFSS advertising and regulations update July 2021
Last month the UK Government announced that in 2022/2023 it will introduce further rules for advertising certain products that are high in fat, sugar or salt (HFSS). In this HFSS update Jorja Knight, Head of Legal at PromoVeritas, gives a brief outline of the changes in store which will form the basis for our HFSS Webinar in September.
There are a lot of official documents, articles and press to be found relating to this hot topic but it is now clear that next year the rules will be even stricter for advertisers when it comes to promoting HFSS products. The industry is keenly watching this space to get a clearer picture of the future of HFSS advertising.
What’s the problem?
Last July the government launched an obesity strategy empowering the nation to lead healthier lives and avert a health crisis. Around two-thirds of adults are overweight and one in three children leave primary school either overweight or obese, costing the NHS over £6.1b each year and causing reduced life expectancy, chronic diseases and an increased risk of being seriously ill or dying from COVID-19. Restrictions on HFSS advertising makes up a large part of the government’s strategy to fight child obesity and its plan to halve current levels by 2030.
A brief history of recent HFSS policy changes:
- June 2018 the government announced initial plans to limit HFSS food advertising
- January 2019 consultation on restricting HFSS product promotions by price and location receives 60% in favour
- March 2019 the government consulted with businesses, organisations and individuals and received overwhelming feedback supporting the introduction of a TV and online watershed
- November 2020 a further consultation was launched on totally restricting online advertising of HFSS products
- December 2020, following this consultation period, the government confirmed restrictions on HFSS product promotions by volume and location from April 2022 when some HFSS promotions including ‘Buy One Get One Free’ offers or placement in prominent locations such as store entrances or ends of aisles will be banned.
- June 2021 Government confirms its intention to implement a Health and Care Bill to legislate for a 9pm HFSS watershed on TV and UK on-demand programme services (ODPS) and the restriction of paid-for advertising online at the end of 2022.
- July 2021 Government releases outcome of consultation on restricting promotions of HFSS products by location and price.
What is currently considered a HFSS product?
The government’s Department of Health uses the Food Standards Agency’s 2004-2005 Nutrient Profile Model (NPM) to determine if an item of food or drink is ‘less healthy’ (an HFSS product) through a scoring system.
The June 2021 proposal has actually reduced the scope of HFSS products to those categories most concerned with childhood obesity. So, for example, staple foods such as butter, olive oil and condiments – although considered ‘less healthy’ are exempt. We have assumed that this changed scope applies broadly, but that may not be the case! How this will be applied remains to be seen and we will need to wait for the legislation.
HFSS products in scope for new rules:
- Soft drinks with added sugar
- Crisps and savoury snacks, excluding some nuts
- Breakfast cereal
- Chocolate confectionary
- Ice cream
- Cakes and biscuits
- Morning goods
- Puddings, dairy desserts, yoghurts
- Pizza, chips and potato products
- Ready meals
- Breaded and battered products including meat or fish substitutes
- Main meals, starters, sides and small plates + kids meal bundles out-of-home
- Out-of-home sandwiches
What’s Changing?
From April 2022*
- Ban of in scope HFSS products at store entrances, aisle ends and checkouts and online equivalents.
- Ban on price promotions linked to volume e.g., buy one get one free or ‘3 for 2’ offers on HFSS products in scope.
- Restaurants banned from free refills of fizzy drinks (unless smaller than 2,000 square feet).
*There will be a minimum of 6-months implementation period, to allow businesses time to prepare and make the necessary arrangements before the restrictions come into force. Also for on-pack promotions there will be a transition period to permit existing stock that features wording such as ‘x% extra’ to be sold until April 2023.
From January 2023
Television & On demand watershed – a total ban of HFSS in scope advertising between 5.30am and 9pm at night.
Online ban for HFSS products in scope – ban of Paid-for – Online display ads such as banner ads; Online video ads; Social media adverts; Search listings and sponsored links; Listings on price-comparison sites, influencer marketing that are paid for or sponsored by an advertiser; In-game advertising; Newsletter advertising; advertisements distributed through web widgets; In-game ads; Advertorials; Product specific sponsorship.
What are the exemptions?
- Restaurants banned from free refills of fizzy drinks (unless smaller than 2,000 square feet)
- Businesses smaller than 250 people
- Brand advertising
- Ads in digital only audio (e.g. podcasts, music streaming)
- Organic or non-paid for media e.g. your own website
- B2B adverts
An HFSS Tax?
The Soft Drinks Industry Levy or ‘Sugar Tax’ as it is widely known was Introduced in April 2018 and imposed 18 or 24 pence per litre of drink containing either between 5 and 8g, or over 8g of sugar per 100ml. This led to the widespread reformation of most popular drink brands, for instance Ribena slashed its sugar content from 10g to less than 4.5g, whilst other brands, such as Coca Cola moved to heavily promoting their zero sugar products . Findings published by the British Medical Journal suggest that people appear to be buying and consuming less sugar from soft drinks whilst overall sales have not changed.
This is the approach proposed by a new report, England’s National Food Strategy, an independent review for the government, released in July 2021, which recommends a dramatic rise in taxes for salt and sugar sold wholesale for use in processed foods, and in the restaurant and catering trade. This would raise up to £3.4 billion which could be put towards improving free school meals.
What next?
The Soft Drinks Industry Levy or ‘Sugar Tax’ as it is widely known was Introduced in April 2018 and imposed 18 or 24 pence per litre of drink containing either between 5 and 8g, or over 8g of sugar per 100ml. This led to the widespread reformation of most popular drink brands, for instance Ribena slashed its sugar content from 10g to less than 4.5g, whilst other brands, such as Coca Cola moved to heavily promoting their zero sugar products . Findings published by the British Medical Journal suggest that people appear to be buying and consuming less sugar from soft drinks whilst overall sales have not changed.
This is the approach proposed by a new report, England’s National Food Strategy, an independent review for the government, released in July 2021, which recommends a dramatic rise in taxes for salt and sugar sold wholesale for use in processed foods, and in the restaurant and catering trade. This would raise up to £3.4 billion which could be put towards improving free school meals.
The HFSS restrictions are not the only changes that the government is proposing. An NHS pilot scheme to encourage better eating and more exercise has been announced as part of a £100 million package of government support to help those with obesity. This combined with existing HFSS regulation and the proposed taxation of salt and sugar in food would certainly go some way to improving the current obesity crisis. The government’s own evidence shows that the online advertising ban would only reduce a child’s daily calorie intake by 3 calories so it is alarming that it would install legislation that will only serve to damage industry rather than improve public health? For now it must be said that the Health and Care Bill is pending parliamentary scrutiny and is not yet legislation. Is allowing manufacturers time to reformulate their products and introducing other measures involving education and exercise the answer, only time will tell?