The UK advertising industry is grappling with a significant challenge as new regulations surrounding ‘less healthy’ food and drink (LHF) advertising are set to be enforced. The forthcoming 9pm watershed on TV and on-demand program services, alongside a total ban on paid-for online ads, is creating a climate of uncertainty for advertisers. This uncertainty is compounded by the evolving political landscape, with changes in leadership affecting policy directions.
Between 2016 and 2022, the UK saw several shifts in political leadership, each bringing its own stance on obesity and advertising policies. Theresa May initiated an obesity strategy, which Boris Johnson initially downplayed but later revived post-pandemic. Liz Truss, in contrast, aimed to discard the strategy, only for Rishi Sunak to recommit to it. Such fluctuations have left businesses in a state of uncertainty, struggling to plan effectively amidst the ever-changing regulatory environment.
The Reality of the Obesity Crisis
There is no denying that the UK faces a real obesity crisis, and the advertising industry acknowledges its role in addressing this issue. Many food and drink companies have proactively reduced fat, sugar, and salt in their products, creating healthier options and, in some cases, refraining from advertising certain products altogether. However, some critics argue that these efforts fall short and advocate for a complete ban on advertising certain products.
The challenge lies in striking a balance between acknowledging the severity of the obesity crisis and implementing interventions that are both effective and practical. The LHF restrictions, as outlined in the Health and Care Act 2022, were intended to apply only to ads featuring identifiable products. The government assured that brands could continue to advertise as long as no identifiable HFSS products were depicted, allowing them the freedom to reformulate and offer healthier options.
Confusing Guidance and Its Implications
Despite government assurances, recent consultations by the advertising regulator have sparked controversy. The absence of an explicit mention of the brand advertising exemption in the Health and Care Act has led to confusion. The Committee on Advertising Practice (CAP) has drafted guidance that could significantly restrict brand advertising, alarming many in the industry.
This proposed approach could prevent some companies from advertising entirely in affected media, even if the content is unrelated to the brand’s food and drink offerings. Advertisements focused on sustainability or charitable efforts could also face bans, contradicting the government’s policy intentions and removing incentives for brands to reformulate and address obesity.
The Need for Legislative Action
With the advertising regulator caught in a legal dilemma and advertisers lacking clear guidance just months before the restrictions take effect, the call for legislative action is growing louder. To resolve this uncertainty, it is crucial for the government to legislate explicitly. If doubts exist about the brand exemption, ministers should act swiftly to align the law with their stated policy position.
This is not an attempt by food and drink companies to exploit loopholes but rather a plea for clarity and consistency. Businesses are eager to comply with both the letter and spirit of the rules. The focus should not be on delaying the implementation of the restrictions but rather on ensuring that the law is clear and aligns with government policy.
Establishing Certainty for Future Success
The advertising and food and drink sectors require reasonable and proportionate rules that adhere to government policy, facilitating investment and the development of healthier offerings. Consistency and stability in regulatory decisions are essential for business success, and it is imperative that policy decision-makers recognize the critical nature of this issue.
Ultimately, the objective is to reach a solution that benefits both the economy and public health. By providing clarity and certainty, the government can help businesses navigate this challenging landscape and contribute to tackling the obesity crisis effectively.
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Note: This article is inspired by content from https://www.thegrocer.co.uk/comment-and-opinion/hfss-ad-uncertainty-is-destroying-marketing-plans/703852.article. It has been rephrased for originality. Images are credited to the original source.