New LHFD Ruling Targets TV and Online Advertising
Plans for restrictions on the advertising of Less Healthy Food and Drink (‘LHFD’) products (previously known as HFSS or High in Fat, Salt or Sugar) were initially proposed in 2019 as a way of reducing obesity. The new Labour Government has now confirmed that they will be implemented on TV and online on 1 October 2025.
New Regulations
- There will be a ban on TV advertising of Less Healthy Food and Drink products before 9 pm. This ban will also affect the on-demand and catch-up services of UK networks (that fall under Ofcom restrictions).
- There will be a total ban on all paid-for advertising online of LHFD products at all times of the day, including Google, Facebook, and non-Ofcom-regulated streaming services.
What’s an LFHD?
For a product to be considered LHFD, it must fall into one of the following categories and either score 4 and above for food or 1 and above for drink, in a Government created Nutrient Profiling Model. The restrictions apply to products that are both bought retail, in shops, and also those offered out-of-home e.g. restaurant food and drinks.
The categories of LHFD products include:
- Soft drinks
- Savoury snacks
- Breakfast cereals
- Confectionery
- Ice cream, ice lollies, frozen yoghurt, and similar frozen products.
- And more, Full list can be found here
Are any LFHD products excluded from the Regulations?
Notable product exceptions are:
- Infant foods, consisting of formula, baby food, and processed-cereal based foods
- Total diet replacements for weight-controlled products
- Meal replacement products with approved health claims
- Food supplements
- Medicinal drinks
Does the Ban cover all advertising Media?
No, the following media will be exempt from the regulations, ie advertising will be permitted:
- Radio Adverts
- Adverts within podcasts and other audio items
- Brands own websites
- Internet protocol television services are accessed through an Ofcom-regulated electronic programming guide to deliver live TV over the internet e.g. ITV X for live services
What do we recommend that brands do now?
Act Fast: There’s still time to prepare for the upcoming restrictions. Take advantage of the time between now and October to build up your brand identity and expand your database of loyal customers (direct marketing is exempt from the Regulations). Run on-pack prize promotions and capture names for future use.
Digital First: Make sure your own digital channels, including your website and social media, are ready to start pushing your promotions and messaging and maybe even direct sales. Our digital services team can build you branded microsites or perform a compliance review of your own site.
New products mean new opportunities: If your existing product isn’t compliant and you still want to use TV and online advertising, start reformulating where you can or bring out new lines that are not LHFD but can still carry the master brand and be advertised as normal. E.g. ‘Coca-Cola Zero’ or Cadbury ‘Nuttier’. New product launches can bring new and existing customers to your brand and prize promotions are a great way to launch a new product into market.
Prioritise on Pack: In-store advertising, aka ‘retail media’ can make your product stand out in busy retail outlets. But it is also costly, so utilise the power of your pack. On-pack flashes, combined with an attractive prize activity, can grab the attention of the shopper and increase sales.
Time to Review: Even those allowed to advertise, need to be careful of their messaging. At PromoVeritas, our in-house Legal Team offers marcomms reviews. We can ensure that your ad or promotional campaigns are created with an appropriate sense of responsibility and do not directly advertise LHFD products.
In conclusion, although there will be challenges ahead for many brands, PromoVeritas can help to keep informed of the rules, aware of any relevant rulings, and ensure that your marcomms and sales generating prize promotions are run in a safe, secure, fair, and compliant way. So get creative, have fun, and maximise your exposure without breaking the new advertising laws.
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