Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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DHSC Open consultation, 9 December 2022
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Draft Regulations for consultation: Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2022 A copy of the draft regulations are available on this site (click on image). Provided under the Open Government Licence. The original webpage was accessed from: |
Draft regulations have been published as part of a consultation exercie. The consultation closes on 31 March 2023. To access the consultation page, go to Open consultation Introducing further advertising restrictions on TV and online for products high in fat, salt or sugar: secondary legislation. Background to the consultation has been provided and is given below.
Background
Childhood obesity is one of the biggest health problems this nation faces.[footnote 1] The latest data from the National Child Measurement Programme 2021 to 2022 showed that over 23% of children in Year 6 were living with obesity, with 5.8% of children living with severe obesity. The government is determined to tackle this issue and has been clear that we must prioritise our children’s health.
In 2018, the government set the ambition to halve childhood obesity by 2030. Obesity is associated with reduced life expectancy. It is a risk factor for a range of chronic diseases including cardiovascular disease, type 2 diabetes, some types of cancer, liver and respiratory disease.[footnote 2] Furthermore, COVID-19 has brought the dangers of obesity into sharper focus and we know that reducing excess weight is one of the few modifiable risk factors for COVID-19. Therefore, the government has been clear that for the future resilience of the population, we need to address the risks obesity presents to our whole population.
Reducing children’s exposure to high in fat, salt or sugar (HFSS) product advertising on TV and online forms an important part of our approach to halving childhood obesity by 2030. We want to ensure that the media our children engage with the most promotes a healthy diet. Evidence suggests that exposure to HFSS advertising can affect what and when children eat, [footnote 3][footnote 4][footnote 5] shaping children’s food preferences from a young age.[footnote 6] Over time, excess consumption can lead to children becoming overweight or obese, all of which puts their future health at risk.
In July 2020, as part of the tackling obesity strategy, the government announced its intention to implement a 9pm watershed on TV for advertising HFSS products following an initial consultation in 2019, and to consult later that year on how to introduce further HFSS advertising restrictions online. The second consultation was held in 2020. The consultations were conducted by the Department of Health and Social Care (DHSC) and the Department for Digital, Media, Culture and Sport (DCMS). Having taken into account feedback during these consultation exercises, the government published a formal consultation response in June 2021, which announced the UK wide policy will:
The consultation response also included policy detail on:
As outlined in the consultation response, certain elements of the policy will be taken forward in secondary legislation. These regulations will be made under new powers in the Communications Act 2003 (‘the Act’), introduced by primary legislation via the Health and Care Act 2022. The Health and Care Act 2022 inserted new sections into the Act which:
The Act also grants regulators with the necessary powers for implementation. The Health and Care Act 2022 received Royal Assent on 28 April 2022. See section (172) and Schedule (18) for HFSS advertising restrictions in the Health and Care Act.
Under the Act, the new advertising restrictions are required to take effect from 1 January 2023. However, as announced in December 2022, we are delaying implementation of the policy, so that it comes into force on 1 October 2025. This consultation does not relate to the Statutory Instrument (SI) necessary to change the date of implementation of the advertising restrictions in the legislation to 1 October 2025.
As part of implementing the restrictions, we will bring forward secondary legislation covering the following areas:
We are also seeking views on whether the secondary legislation should provide for an exemption for audio-only media to cover other non-broadcast radio services that are carried online including UK-based internet radio services.
The government is seeking feedback on our draft regulations (which should be read with this document) from those with an interest in these regulations and who will have to comply with them. The aim of this consultation is to gather views on the specific text in the regulations to ensure these are fit for purpose. With the exception of the proposal for a new audio-only exemption in draft regulation 6, this consultation is not seeking to revisit policy decisions that were made and detailed in our response to the consultations in 2019 and 2020 but is focused on ensuring that the regulations are clear, unambiguous and can be implemented effectively once enacted. Information provided outside of the scope of the consultation, and general comments about the wider policy or Act, will not be considered as part of this consultation or addressed in any response provided to this consultation. See the Data protection section of this document for information on disclosure of responses.
Following this consultation, subject to the usual SI procedures, the government will lay the regulations as soon as possible to ensure the new restrictions can come into force on 1 October 2025.
