This Easter will look a little different for UK television viewers. For the first time, the traditional onslaught of chocolate egg and hot cross bun advertisements will be largely absent from screens before 9pm, a consequence of new regulations aimed at tackling childhood obesity. The shift marks a significant moment in the ongoing debate about the role of advertising in shaping dietary habits, and is already sending ripples through the advertising industry.
The regulations, which came into effect at the beginning of 2024, prohibit the advertising of products deemed high in fat, sugar, and salt during daytime and early evening viewing hours. So iconic treats like the Cadbury Creme Egg – of which over 200 million are consumed each Easter season – won’t be appearing in pre-9pm TV spots this year. While the advertising industry began voluntarily adhering to the rules in October 2023, the full impact is now being felt as Easter approaches.
The change isn’t simply about fewer sweet treats on screen. It represents a broader effort by the UK government to address rising rates of childhood obesity, a public health concern with significant long-term costs. But the policy has also sparked contention, with industry figures questioning its effectiveness and pointing to potential economic consequences. The debate highlights the complex interplay between public health initiatives, commercial interests, and consumer behavior.
A Significant Dip in Advertising Revenue
The impact on broadcasters’ advertising revenue has been noticeable. According to research conducted for The Guardian, television advertising spending by confectionery and snack brands almost halved year-on-year between October 2023 and February 2024. Overall TV ad spend across firms advertising products falling under the “less healthy foods” regulations is down by at least 15% over the same period. This downturn is a direct result of the restrictions, forcing companies to rethink their advertising strategies.
Industry bodies, like the Incorporated Society of British Advertisers (ISBA), argue that the ban is more about political optics than genuine public health improvement. A spokesperson for ISBA stated, “The advertising and marketing of products is one consideration for helping tackle childhood obesity, but successive governments have treated bans or restrictions as a silver bullet… legislating on the basis of headlines, not evidence.”
ITV’s Chief Executive, Carolyn McCall, and former Channel 4 boss, Alex Mahon, have echoed these concerns, pointing to government research suggesting the calorie reduction achieved by the ban would be a mere 1.7 calories per day – roughly equivalent to a third of a Smartie. This figure, presented to Parliament, has fueled criticism that the policy is largely symbolic.
Loopholes and Shifting Strategies
Despite the restrictions, advertisers are finding ways to navigate the new landscape. The regulations allow for “brand” advertising, as long as it doesn’t feature an “identifiable” product that violates the rules. This has led to creative campaigns focused on brand image rather than specific products. For example, Lindt has run advertisements featuring its “Master Chocolatier”, promoting the brand without showcasing any of its 14 Lindor chocolate varieties.
However, health campaigners like Fran Bernhardt of Sustain argue that these tactics are insufficient. “The policy is riddled with loopholes which allow industry to continue to advertise branding for unhealthy products like Cadbury’s Dairy Milk Caramel or McDonald’s McFlurries,” Bernhardt said. “Aside from a few tweaks to adverts, this Easter will be much like Easters before. Industry will continue more or less as usual.”
The ban extends to paid online advertising at any time of day, prompting companies to shift their marketing budgets to other media. Media agency sources report a significant increase in spending on outdoor advertising, such as billboards and posters (excluding those within 100 meters of schools or leisure centers), and radio.
Further Restrictions on the Horizon
The current regulations are based on a nutrient profiling model developed in the early 2000s. In 2018, an updated model was created, but it was never implemented. Now, the government is considering adopting the newer, more stringent model, launching a consultation on the matter in March 2024. The consultation seeks feedback on proposals that would significantly expand the list of products deemed “unhealthy” and subject to advertising restrictions.
The Food and Drink Federation has voiced concerns that the updated model could ban the advertising of products like 100% fruit juices, Kellogg’s Bran Flakes, Ambrosia rice pudding, the Mr Kipling Delicious and Light range, and even Doritos – a brand that PepsiCo invested heavily in reformulating to meet existing rules. ISBA warned that the new model could discourage further investment in healthier product development.
The debate underscores the challenges of balancing public health goals with the economic interests of the food and advertising industries. Finding a solution that effectively addresses childhood obesity without unduly harming businesses remains a complex task.
What’s Next?
The government consultation on the updated nutrient profiling model is open until May 29, 2024. Following the consultation period, the government will analyze the responses and decide whether to adopt the new model, and if so, when it will come into effect. The outcome of this consultation will determine the future scope of advertising restrictions on food and drink products in the UK. The advertising industry and health campaigners alike are closely watching the developments, anticipating further shifts in marketing strategies and potential impacts on consumer behavior.
What are your thoughts on the new advertising regulations? Share your opinions and experiences in the comments below.
