Government moves to keep healthier food advertising regulations on track

In a statement to the House of Commons on 12 September, Andrew Gwynne MP, the Minister for public health and prevention has committed the government to meeting the October 2025 deadline for new healthier food and drink advertising regulations on TV and online.

His statement, which announced the publication of the government's response to the consultation on the secondary legislation, also carried a clear message to the food and drink industry get ready for the legislation coming into force as planned, and pledged in the Labour Party manifesto. He said:

"This is a key milestone which confirms the definitions for the products, businesses and services in scope of the restrictions. This provides the clarity that businesses have been calling for and will support them to prepare for the restrictions coming into force across the UK on 1 October 2025."

Responding to the statement, Children's Food Campaign Manager Barbara Crowther says:

"We're delighted that with the publication of their response to the consultation, the Government has taken another step forward to stem the relentless flow of unhealthy food and drink advertising seen by children every single day, and make clear to companies that they are coming, and there will be no more delays.

"We know that building the healthiest generation of children is going to require action on multiple levels. It means companies producing healthier food and drink with less sugar, salt and artificial additives, it means better nutritional safety nets and universal access to quality school food, it means more honest labelling and packaging, and stopping companies selling energy drinks to children. However, stopping junk food advertising is something parents have been calling for, and we're delighted the government has acted swiftly to take forward their commitment in the King's Speech."

The call for healthier food advertising is one of five pillars in Our Children, Our Future: A Parents' Manifesto for Healthier Children's Food, launched ahead of the General Election, involving insights from over 2000 parents across the UK. Parent ambassadors for the Children's Food Campaign will be coming to discuss their manifesto in Parliament in October.

The Government originally pledged to bring in a 9pm watershed and online advertising restrictions in 2020, following an initial consultation in 2019. The original deadline for implementation was January 2023. However, following inclusion of the measure in the Health and Care Act 2022, the Government then delayed it until October 2025, to the dismay of health professionals and children's organisations.

The new legislation covers product-based advertising on TV and online, but will not close other loopholes such as brand advertising or outdoor advertising. Sustain's Fran Bernhardt is also working with many local authorities to introduce healthier food advertising policies, covering public outdoor spaces and advertising spaces. This builds on the success of Transport for London's policy launched in 2019, which has reduced exposure to and consumption of unhealthy food and drink, without any negative impact on advertising revenues.  At present national government regulations only restrict outdoor advertising of products high in fat, salt and/or sugar within 100m of a main entrance to a primary or secondary school. Eighteen local councils have now adopted healthy advertising policies, with Cheshire West and Chester City Councils the latest to do so. 

In publishing its response to the secondary legislation consultation on the 9pm watershed and online advertising restrictions, the Government has also opened up a short targeted consultation on one technical aspect of the regulations covering internet protocol TV services (eg. TV channels that also stream online). This will take place over four weeks until 10 October 2024.