Ofcom is consulting on its proposed approach to implementing new restrictions on advertising and sponsorship for less healthy food and drink products on TV, on demand, and online.

The new restrictions were introduced by the UK Government through the Health and Care Act 2022, and will take effect from October 1, 2025.

Once in place, TV services and on-demand programme services (ODPS) will be prohibited from including advertising and sponsorship for less healthy food and drink products between 5.30am and 9.00pm, the British regulator said yesterday.

Online paid-for advertisements for these products, where they are aimed at UK users, will be prohibited at any time.

“We are confirming that the existing co-regulatory arrangements for TV and ODPS extend to the new restrictions. This is with Ofcom as the statutory regulator, and through its established co-regulatory relationships with the Advertising Standards Authority (ASA), the Broadcast Committee of Advertising Practice (BCAP) and the Broadcast Standards Board of Finance (BASBOF),” Ofcom said.

The consultations include amendments to the BCAP Code and the Broadcasting Code to reflect the new restrictions that apply to advertising and sponsorship on TV; and a proposal to designate the ASA as a co-regulator for the new prohibition on online advertising for less healthy food and drink products.

“On 28 April 2022, the Health and Care Act received Royal Assent. Amongst other things, it amended the Communications Act 2003 (“the 2003 Act”) to introduce new restrictions on advertising and sponsorship for less healthy food and drink products, i.e. certain food and drink products that are high in fat, salt or sugar (‘HFSS’). These new restrictions apply to advertising on Ofcom-regulated TV and on-demand programme services  and also online,” the British regulator said.