There’s a huge loophole in the new UK ban on daytime junk food ads

Health


Rech Alcances Frisardi/Shutterstock

New advertising restrictions on unhealthy food and drink have come into force in the UK, targeting products deemed to be high in fat, salt or sugar. From now on, TV, radio or online adverts that feature these foods will be banned before 9pm.

The advertising ban is part of a government plan to halve childhood obesity by 2030. It includes a range of strategies including marketing and advertising controls on unhealthy food, changes to retail environments such as removing high-calorie foods from checkouts, and industry targets to reformulate unhealthy products.

The government wants to incentivise brands to reformulate and promote healthier options, and there is some evidence that this approach can be successful. The sugar tax, for instance, has reduced total sales of sugar from soft drinks by 35% since it was introduced in 2018.

Restrictions on promotions of less healthy foods in supermarkets and online retailers have also led to a small reduction in the sales of these products.

The government is generally reluctant to disclose the extent to which lobbying by industry has a bearing on regulation, citing issues of confidentiality. However, implementation of the new legislation, which was originally due to come into force in October 2025, was delayed and ultimately amended to exempt “brand advertisements”.

In essence, companies cannot advertise a restricted product, but are allowed to advertise their brand. This means they can comply with the legislation by advertising their brand or range as long as they do not show a specific identifiable less healthy product. So a fast-food chain could show its logo or other elements of its brand identity but could not show its burgers or milkshakes.

Losing this “appetite appeal” in adverts may not be a big problem for brands. Some of the most iconic food adverts do not feature the specific food product.

Instead of explicit images of foods, creatives can use storytelling and emotion to do the persuading. It now seems that the creative sector is chomping at the bit to meet this challenge by finding inventive ways to get the brands noticed.

When it announced the brand exemption in May 2025, the government said it wanted to ensure that the food industry “has confidence to invest in advertising” while simultaneously wishing to “protect children from advertising of less healthy products”. In truth, both can’t be achieved simultaneously. The exemption is effectively a massive loophole and points to the government’s capitulation to industry pressure.

The fact that outdoor advertising is not included in the restrictions is also a missed opportunity. Since the regulations were announced in 2020, there has been a marked increase in spending on outdoor advertising like billboards and posters on bus shelters by food companies. Outdoor advertising of less healthy foods is pervasive and effective.

bus shelter with adverts for mcdonald's and kfc
There will be no ban on outdoor adverts.
Jun Huang/Shutterstock

Bans on this form of advertising, as happened across the Transport for London network from 2019, for example, have been shown to reduce spending on calories from less healthy foods and are widely accepted by the public. But the food industry tempts cash-strapped local authorities into selling council-owned sites to advertise their products.

Restricting marketing of less healthy foods on television and online but not extending the measures to outdoor advertisements does not make sense. There is a need for a coordinated national strategy on outdoor advertising to make the ban apply across the board, which should include restrictions on non-council owned assets such as billboards and displays.

Taken together, the current set of policies on less healthy foods are a step in the right direction, but they need to go much further. Of course, providing more transparency on lobbying from the food industry would be a start.

Implementing policies using the stricter 2018 nutrient profiling model would also help because it has a different approach to scoring sugar, salt, fibre and calories. This means it is harder for products to be classed as healthy.

While policies that restrict marketing and promotion of less healthy foods can incentivise companies to reformulate their products, this approach has significant limitations from a public health perspective.

Other initiatives like the sugar reduction programme may benefit individual health, but risk creating new environmental problems. Some non-sugar sweeteners have been identified as environmental contaminants, meaning that products reformulated to be “healthier” for consumers may actually prove harmful to the planet.

This tension highlights the broader complexity of public health nutrition policy, where improvements in one domain can inadvertently create problems in another.




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The UK cannot reformulate its way out of a poor national diet. A big part of the problem of diet and health in the UK is the poor overall quality of what people are eating.

Policies on less healthy foods are just one part of the solution. It is much more complex and challenging to increase the proportion of healthier foods in people’s diets, which is why the government should invest in public health nutrition research.

If the UK is serious about preventing diet-related poor health, it needs to consider its food culture and values. It must be possible to find ways to increase the appeal, cost and convenience of healthier foods. This new advertising ban is a small part of the puzzle that is improving the national diet. But essentially, eating better needs to get a lot easier.

The Conversation

Beverley O'Hara does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.



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