Consultation outcome

Introducing further advertising restrictions on TV and online for products high in fat, salt or sugar: secondary legislation

• From: Department for Culture, Media and Sport, Department of Health and Social Care and Department for Digital, Culture, Media & Sport
• Published: 9 December 2022
• Last updated: 12 September 2024 — See all updates

This consultation has concluded

Read the full outcome

Introducing further advertising restrictions on TV and online for products high in fat, salt or sugar: government response to consultation on secondary legislation

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Detail of outcome

The government’s response to the consultation on the draft secondary legislation for the advertising restrictions for less healthy products (also referred to as products high in fat, salt or sugar) on television and online, which are due to come into force UK-wide on 1 October 2025, outlines:

• the definitions of the products, businesses and services in scope of the restrictions to be included in the final secondary legislation
• that we are launching a targeted consultation on how the restrictions will apply to internet protocol television services which deliver television live over the internet. This is open from 12 September 2024 for 4 weeks

For more detail on impact on equalities, rationale, costs and benefits, see the impact assessment and equality assessment of the response to the 2019 consultation on Further advertising restrictions for products high in fat, salt and sugar.

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Original consultation

Summary

Government has formulated final policy for introducing advertising restrictions for HFSS products on TV and online and is now seeking your views on the draft regulations that accompany primary legislation.

This consultation ran from
midday on 9 December 2022 to 11:45pm on 31 March 2023

Consultation description

In response to previous consultations (an initial consultation in 2019 and a second consultation in 2020), the government published a formal consultation response on advertising restrictions for high in fat, salt or sugar (HFSS) products.

This response announced the UK wide policy will:

• introduce simultaneously a 9pm TV watershed for HFSS products and a restriction of paid-for HFSS advertising online

• include all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom, in the TV watershed for HFSS advertising

• include non-UK regulated ODPS in the restriction of paid-for HFSS advertising online because they are outside UK jurisdiction

As outlined in the consultation response, certain elements of the policy will be taken forward in secondary legislation. These regulations will be made under new powers in the Communications Act 2003, which was amended by the Health and Care Act 2022.

Government is now seeking feedback on our draft regulations from those with an interest in these regulations and who will have to comply with them. The aim of this consultation is to gather views on the specific text in the regulations to ensure these are fit for purpose.

Documents

Introducing further advertising restrictions on TV and online for products high in fat, salt or sugar: consultation on secondary legislation

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Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2022 (draft)

PDF, 51 KB, 7 pages

Published 9 December 2022
Last updated 12 September 2024 + show all updates

1. 12 September 2024

   Added the government response to the consultation.

2. 9 December 2022

   First published.