The government has reassured companies that pure brand messages are not “in scope” of the upcoming advertising ban on food high in fat, salt and sugar (HFSS). However, it says that brands might have to be more creative in the way they showcase their food ranges.

In a statement published yesterday (8 April), the government has revealed there will be leeway in its new ‘junk food’ advertising regulations, set to come into force in October.

Photo: Tesco Christmas advert 2024  depicting a gingerbread house- Brands may need to be creative with their future festive food adverts.

Addressing the House of Commons yesterday (8 April), health minister Ashley Dalton said, “While it is for a court to interpret the legislation, the government’s view remains that pure brand advertising is not in scope of this policy.

“This is because the legislation only restricts adverts that could reasonably be considered to be for identifiable less healthy products, and not adverts that could be reasonably understood to be advertising brands.

“We therefore expect that businesses will still have opportunities to promote their brands, provided that their adverts do not identify a less healthy product.”

Dalton said that businesses could get creative with their advertising, choosing to launch “pure brand” campaigns, as the ban will not target corporate branding. “For example, brands could promote their non-product attributes, such as corporate social responsibility commitments or customer experience, or advertise the healthier products within their portfolios,” she said.

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“We do not expect the perception or association of a corporate brand with less healthy products to automatically bring an advert into scope of the restrictions. The government does not intend to prevent brands from advertising but instead intends to give businesses an incentive to innovate and create healthier products.”

Dalton also said that, while the Advertising Standards Authority (ASA) had not yet published its response, the final interpretation of the guidelines would be up to regulators, with the law providing “considerable discretion” in how the new rules can be enforced.

“The government has been clear that, whilst a robust regulatory framework is needed, we expect regulators to act in a way that supports economic growth and helps industry to make future investment decisions and innovate with confidence”.

The health minister’s comment follow in the wake of concern from the food industry, over the impact on the ban on certain brands and retailers’ advertising, including supermarket Christmas campaigns and rapid food delivery service ads.

Speaking at the Retail Technology Show last week, M&S chairman Archie Norman said the government’s new HFSS advertising rules “probably mean we can’t run a Christmas ad”, due to many festive foods not adhering to HFSS guidelines.

Last year, Transport for London – which implemented HFSS advertising restriction within its network in 2019, ahead of the incoming regulations – was met by criticism after cracking down on ‘junk food’ advertising.

In 2023, a West end theatre show, Tony n’ Tina’s, was banned for its depiction of a multi-tier wedding cake, while later that year business premises provider Workspace’s advert featuring artisan cheese was removed after the creative was deemed ‘too unhealthy’ and in violation of its HFSS guidelines.