Junk food ads on TV to be banned before 9pm and subject to heavier online regulation

Junk food adverts will be banned before 9pm on TV and subjected to heavier online restrictions from the end of next year, as part of Boris Johnson’s efforts to tackle obesity, the government has announced.

The restrictions will stop short of the total ban proposed last year and will allow brand-only advertising online and on TV to continue.

While fast food and confectionery giants will be banned from advertising products high in fat, sugar and salt (HFSS) online, there will be exemptions for small businesses with 249 employees or fewer.

The restrictions allow companies to continue to promote their products on their own websites and social media platforms under the new measures.

Children's food campaigners welcomed the new measures, but said more needed to be done.

The advertising industry hit back at the "headline-chasing policies", saying government analysis showed the measures "won’t work".

Research has found that one in three children leaving primary school are overweight or obese, as are almost two thirds of adults in England.

The consultation cited research finding that children were being exposed to increasing online junk food advertising. The government estimated children aged under 16 were exposed to 15 billion junk food adverts online in 2019, compared with an estimated 700 million two years earlier.

"They eat what they eat" - many parents ITV News spoke to did not think the ad ban would make make a difference to children's eating habits

Firms will also be able to advertise on television before the watershed if they do not show banned foods, a ruling that is expected to be opposed by health campaigners.

Online audio will be exempted, meaning fast food and confectionery will be advertised on radio stations broadcasting over the internet, as well as on podcasts.

The new regulations also allow exemptions for the healthiest foods within each category, such as honey, olive oil, avocados and Marmite.

Environment Secretary George Eustice explained the exemption for small businesses to advertise junk food online

Environment Secretary George Eustice said on Thursday: "Obesity is a huge challenge and we know that with highly processed, manufactured goods, that's a contributory factor.

"And people in recent years have been buying more of that and that has contributed to childhood obesity, so that's why we're bringing in some of these additional restrictions."

He explained the exemption for small businesses: "But also we're very sensible on these things - things like a small business that might be putting its menu online.

"We want to make sure the rules we put in place are proportionate and that they're targeting advertising and not necessarily targeting all small businesses as well."

Shadow Business Secretary Ed Miliband said loopholes do need to be look at

Shadow Business Secretary Ed Miliband said he supports the government banning junk food advertising before the watershed and understood the case for small businesses.

But he said loopholes do need to be looked at and admitted it is "certainly overdue" to act on the issue of junk food advertising now.

Caroline Cerny, from the Obesity Health Alliance, said: “Tough new restrictions will stem the flood of adverts on TV and online that entice us towards sugary and high fat foods, making space to advertise healthier foods.”

Public health minister Jo Churchill said the government was "committed to improving the health of our children and tackling obesity".

"The content youngsters see can have an impact on the choices they make and habits they form. With children spending more time online it is vital we act to protect them from unhealthy advertising," she said.

"Children are heavily by things that they see" - GP Dr Natalie Rout thinks the ban is a "great step" in the fight against obesity

“These measures form another key part of our strategy to get the nation fitter and healthier by giving them the chance to make more informed decisions when it comes to food. We need to take urgent action to level up health inequalities. This action on advertising will help to wipe billions off the national calorie count and give our children a fair chance of a healthy lifestyle.”

Barbara Crowther, Sustain’s children’s food campaign co-ordinator, welcomed the new measures, but said they did not go far enough.

“The proposals represent a significant step forward in reducing exposure to a constant stream of unhealthy food and drink advertising on TV and online. The government has been subjected to intense industry lobbying to keep advertising junk food everywhere, and we’re delighted that they have resisted this pressure and are standing up for children’s health and a healthier food environment for all," Ms Crowther said.

She added: “However, we remain concerned that the proposals will still allow massive multinational junk food companies and delivery platforms to run big brand campaigns. In short, it’s a very positive step in the right direction, but the journey towards a comprehensive healthier food advertising world is far from over.”

The Advertising Association said it was “dismayed” by the ban and the food and drink sector branded the plans “headline-chasing policies”.

Sue Eustace, public affairs director at the Advertising Association, said: “This means many food and drink companies won’t be able to advertise new product innovations and reformulations and larger food-on-the-go, pub and restaurant chains may not be able to tell their customers about their menus. Content providers – online publishers and broadcasters – will lose vital advertising revenue to fund jobs in editorial and programme-making.

“We all want to see a healthier, more active population, but the government’s own analysis shows these measures won’t work. Levelling up society will not be achieved by punishing some of the UK’s most successful industries for minimal effect on obesity levels.”

The Food and Drink Federation’s chief scientific officer, Kate Halliwell, said: “We are disappointed that the government continues to press ahead with headline-chasing policies which will undermine existing Government policies, principally the reformulation programmes to reduce calories, sugars and salt and portion sizes.

“The proposals would make it difficult to advertise many products that have been carefully reformulated or created in smaller portions in line with the Government’s own targets; for example, Cadbury would not be able to advertise their 30% reduced sugar Dairy Milk.”