Lords Committee criticises further delay to advertising restrictions for less healthy foods and says voluntary compliance agreement will be unenforceable

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.

Lord Bethell, 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.”