Minister for Public Health and Prevention (): This Government has set a
bold ambition to raise the healthiest generation of children ever
and take action to address the childhood obesity crisis. As part
of this ambition, this Government made a Manifesto commitment to
implement advertising restrictions for less healthy food and
drink on TV and online.
These restrictions are designed to reduce children's exposure to
less healthy products, based on evidence that they contribute to
childhood obesity, as well as incentivise businesses to
reformulate their products and help create a healthier food
environment. Alongside this and in support of this Government's
growth mission, we want to deliver proportionate regulation that
balances the health benefits with the impacts on businesses.
My statement on 7 April re-confirmed to the House the
Government's intentions that brand advertising is out of scope of
the restrictions and that businesses will still have
opportunities to promote their brands, provided that their
adverts do not identify a specific less healthy product.
We have listened carefully to the concerns that industry
stakeholders have raised around the Advertising Standards
Authority's (ASA) implementation guidance. We are aware that many
brands have prepared advertising campaigns in good faith ahead of
the restrictions' current coming into force date of 1 October
2025 and remain concerned about how these adverts will be
affected by the ASA's approach to implementation.
We want to support economic growth and ensure that industry has
confidence to invest in advertising but, at the same time,
protect children from advertising of less healthy products. To
that end, I am announcing today that the Government intends to
make and lay a Statutory Instrument (SI) to explicitly exempt
‘brand advertising' from the restrictions. The SI will provide
legal clarification on this aspect of the existing policy, as it
was understood and agreed by Parliament during the passage of the
Health and Care Bill. This will enable the regulators to deliver
clear implementation guidance and mean that industry can prepare
advertising campaigns with confidence.
To allow time to consult on the draft SI, we will amend the
formal date these restrictions come into force to 5 January 2026
instead of 1 October 2025. However, in agreement with the
Government, advertisers and broadcasters, with the support of
online platforms and publishers, have made a clear and public
commitment to comply with the restrictions as though they would
still come into force from 1 October 2025.
This means that, from 1 October 2025, and in line with
Government's policy intentions, we would expect adverts for
specific identifiable less healthy products not to be shown on TV
between 5:30am and 9pm or at any time online, and there will be
legal clarification on ‘brand advertising' before the
restrictions come into force legally on 5 January 2026, subject
to Parliamentary approval.
We welcome that industry stakeholders have made this commitment
and are working with us to implement this important policy for
children's health. They have signed a letter which will be
published today on the Advertising Association's website and
which I have also deposited in the House of Commons Library. I am
grateful for the assistance of the Department for Culture, Media
and Sport for working with us on securing these commitments.
This is a successful resolution that enables us to fulfil our
Manifesto commitment to implement this long-awaited policy while
supporting businesses. The restrictions will help protect
children from the harms of junk food advertising and help meet
our ambition of raising the healthiest generation of children
ever.
