In its 28th report of Session
24-25, the cross-party House of Lords Secondary Legislation
Scrutiny Committee has commented on changes made by the
Communications Act 2003 (Restrictions on the Advertising
of Less Healthy Food) (Effective Date) (Amendment) Regulations
2025, (the Regulations). These Regulations delay when
restrictions for TV and online advertising of less healthy food
and drink come into force by three months. This means the
advertising restrictions will not commence on 1 October 2025 but
will instead begin on 5 January 2026 and follows on from a
previous delay of almost three years – the restrictions
were originally due to take effect on 1 January 2023.
The Department of Health and Social Care (DHSC) told the
Committee that this most recent delay was to provide time to
consult on and lay further regulations to clarify how the
restrictions would apply to brand advertising and to provide an
explicit exemption for brand advertising from the restrictions in
legislation. DHSC also informed the Committee that the Government
has secured a commitment from industry to voluntarily comply with
the restrictions from 1 October 2025 until they take legal
effect.
Despite this assurance, the Committee remains concerned about the
ongoing impact of the advertising of less healthy food and drink
on childhood obesity levels. The report highlights the following
key issues:
-
Further delay – The Explanatory Memorandum to
the Regulations indicates that as this most recent delay on
restrictions is only for three months, there will be no
significant impact on the health benefits of the policy
overall. However, given the current high exposure level of
children to adverts for less healthy foods and the impact this
has on child obesity, the Committee does not share this
viewpoint.
-
Poor implementation and planning – Since
December 2022, when the policy was first delayed, the Committee
has expressed concern about poor planning regarding
implementation of these advertising restrictions by successive
governments. The late finalisation of guidance from the
Advertising Standards Authority, which will form the basis for
industry compliance, is also regrettable when considered
alongside the now three-year delay. The Committee's concerns
are further compounded by the fact that related policies aimed
at tackling obesity, such as restrictions on less healthy
multi-buy products, have also been subject to delay.
-
Effectiveness of voluntary compliance – While
the commitment given by the industry to comply with the
restrictions prior to them coming into force is welcome, the
Committee is unclear what levels of compliance this will
achieve as any breaches will be unenforceable until the
Regulations become legal. DHSC has not been able to prove to
the Committee that this voluntary commitment will be effective.
, Member of the Secondary
Legislation Scrutiny Committee, said:
“The restrictions on the advertising of junk food on TV and
online has been beset by repeated delay and the failure of
successive governments to effectively implement this policy
remains highly disappointing.
“The Government must do more to support public health across
the country and support the NHS with effective regulations that
work towards properly dealing with the issues of obesity in
children and getting to grips with tackling our ever-growing
obesity crisis. Bold and comprehensive action is essential to
mitigate the impact of targeted marketing of junk food to
children which has been shown to result in them being more likely
to experience obesity and related health problems throughout
their life. There must be no further delay in these Regulations
taking legal effect so that appropriate action can be taken if
there is non-compliance. At present, in our view, it is unclear
how effective the voluntary agreement will
be.
“The issues and concerns we have highlighted in our report
are ones that must be addressed by the Government and that is why
we have indicated that the House may wish to press the
Minister further on them. We cannot afford any further
delays in action to improve the health of future
generations.”
Notes to Editors
-
is a former minister in the
Department of Health and Social Care (2020-2021).
- The Communications Act 2003 (Restrictions on the Advertising
of Less Healthy Food) (Effective Date) (Amendment) Regulations
2025 (SI 2025/641) were laid before Parliament on the 3 June 2025
and come into force on 1 July 2025. The Regulations are subject
to the negative resolution procedure, which means they will not
be debated unless a Member of the House puts down a motion. Under
the negative resolution procedure, if any Member wishes to object
to regulations, a motion (called a “prayer to annul”) must be
debated within 40 days of laying (“the prayer period”). The
prayer period for these Regulations ends on 12 July 2025.
- The Secondary Legislation Scrutiny
Committee is chaired by and
scrutinises policy aspects of all secondary legislation laid
before the House of Lords and subject to proceedings in
Parliament and reports on them weekly. More information about
the Secondary Legislation Scrutiny Committee and its activities
in scrutinising government legislation is available on its webpage.