New rules for junk food kick in with 9pm watershed

From 1 October, new restrictions on advertising ‘less healthy’ food and drink have come into force, banning ads before the 9pm watershed on TV
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From 1 October, new restrictions on advertising ‘less healthy’ food and drink have come into force, banning ads before the 9pm watershed on TV and on-demand platforms.

The rules, introduced under the Health and Care Bill, mean junk food, or HFSS (high in fat, salt or sugar) products, can no longer be advertised before 9pm, regardless of programme type or audience profile.

The move marks a significant shift from the previous system, which only restricted HFSS ads around children’s programming.


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It is understood exemptions remain for small businesses with fewer than 250 employees and for brand-led campaigns that do not feature specific HFSS products. Ofcom will serve as the statutory regulator, with the ASA taking responsibility for day-to-day enforcement.

The government has also confirmed its intention to align the junk food  watershed restrictions with new rules for paid-for online advertising, with further details to follow.

The new regulation initially raised alarm in the grocery industry, with supermarket giants and FMCGs questioning the impact the move will have on seasonal advertising, such as Christmas TV ads.

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New rules for junk food kick in with 9pm watershed

From 1 October, new restrictions on advertising ‘less healthy’ food and drink have come into force, banning ads before the 9pm watershed on TV

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From 1 October, new restrictions on advertising ‘less healthy’ food and drink have come into force, banning ads before the 9pm watershed on TV and on-demand platforms.

The rules, introduced under the Health and Care Bill, mean junk food, or HFSS (high in fat, salt or sugar) products, can no longer be advertised before 9pm, regardless of programme type or audience profile.

The move marks a significant shift from the previous system, which only restricted HFSS ads around children’s programming.


Subscribe to Marketing Beat for free

Sign up here to get the latest agency-related news sent straight to your inbox each morning


It is understood exemptions remain for small businesses with fewer than 250 employees and for brand-led campaigns that do not feature specific HFSS products. Ofcom will serve as the statutory regulator, with the ASA taking responsibility for day-to-day enforcement.

The government has also confirmed its intention to align the junk food  watershed restrictions with new rules for paid-for online advertising, with further details to follow.

The new regulation initially raised alarm in the grocery industry, with supermarket giants and FMCGs questioning the impact the move will have on seasonal advertising, such as Christmas TV ads.

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