Lidl and Iceland have become the first retailers to have advertisements banned under the UK’s new rules restricting the promotion of junk food.

The Advertising Standards Authority said ads from the two supermarkets breached regulations introduced on 5 January, which ban HFSS products (foods high in fat, salt and sugar) from being advertised on TV before 9pm and in paid-for online advertising at any time.

Lidl Northern Ireland was pulled up over an Instagram post created in partnership with beauty and lifestyle influencer Emma Kearney, who is known online as Baby Emzo.

The advert promoted Lidl bakery products and featured a tray of pain suisse, which was deemed to be a less healthy product under the new rules.

Lidl said the campaign had been intended to be brand-led, which is still permitted under the legislation provided no identifiable HFSS item is shown. However, it accepted that the advert had in fact promoted a banned individual product.

Meanwhile, Iceland Foods was found to have breached the rules with a digital display and banner advert on the Daily Mail website featuring products including Swizzels Sweet Treats, Chupa Chups Laces, Choose Disco Stix and Haribo Elf Surprises.

Under the regulations, confectionery products such as sweets and chocolates automatically fail the government’s nutrient profiling model and are classed as less healthy, meaning they cannot be promoted through paid online advertising.

The ASA upheld complaints against both retailers and ordered that the adverts must not appear again in their current form. It also told Lidl and Iceland to ensure future digital marketing does not include products that fall foul of the HFSS rules.

Iceland said it had requested nutrient profiling information from all suppliers, but was aware there were still gaps in the data it had received.

The supermarket added that it had appointed a data provider to compile monthly nutritional information across all products listed on its website in an effort to identify items classed as less healthy, though in this case the ad had appeared on the Daily Mail website.

The rulings mark the first enforcement action under the new advertising restrictions, which form part of the government’s wider efforts to tackle rising levels of childhood obesity in the UK.

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