UK bans ads for unhealthy food and supplements under new rules

The Advertising Standards Authority (ASA) has enforced new regulations that came into effect at the beginning of the year, part of government efforts to tackle childhood obesity by preventing ads for food and drink high in fat, salt and sugar (HFSS) from appearing on television between 5:30am and 9pm, and online at any time. The ban applies to products within 13 categories considered to play the most significant role in childhood obesity, including soft drinks, chocolates and sweets, pizzas, ice creams, breakfast cereals, porridges, sweetened bread products, and main meals and sandwiches. Products are assessed as 'less healthy' using a scoring tool that considers their nutrient levels and whether they are high in saturated fat, salt or sugar. Only products that meet both criteria—being in a restricted category and being HFSS—are included in the restrictions.

In the first enforcement cases, an Instagram post for Lidl Northern Ireland by influencer Emma Kearney featured the grocer's cheese pretzel, which was not categorised as HFSS and therefore did not fall within the restrictions, and its Pain Suisse product, which was classified as both HFSS and a sweetened bread product and was therefore banned under the new rules. Lidl said the ad had been removed and they had liaised with their marketing agency to ensure that all future ads complied with the new rules. Iceland confirmed that two ads included a tub of Swizzles Sweet Treats, a packet of Chupa Chups Laces, a bag of Chooee Disco Stix and a bag of Haribo Elf Surprises, which were all classified as HFSS. Iceland provided nutrient profile information from their supplier, which confirmed that Pringles Sour Cream and Onion crisps, also included in the ads, were not an HFSS product. Iceland's Luxury Aberdeen Angus Beef Roasting Joint, Vegetable Spring Rolls, Sticky Chicken Skewers and Lurpak Spreadable Butter, which were also included in the ads, did not fall within the new restrictions.

Not all food-related ad rulings resulted in bans. The ASA did not uphold a complaint against an Instagram post by influencer John Fisher promoting menu items at a new German Doner Kebab outlet because the specific items shown in the ad were not classified as less healthy foods. The ASA also cleared a TV ad for On The Beach promoting free airport lounge access, which featured a boy approaching a buffet and taking a chocolate ring doughnut.

Separately, adverts for online pharmacy Juniper have been prohibited for marketing prescription-only weight-loss medication to the public and exploiting new mothers' body image insecurities. The Instagram and Facebook advertisements for Juniper generated an inappropriate sense of urgency for those contemplating medicated weight-loss programmes. Posts in weight-loss support groups on Facebook failed to clearly indicate they were sponsored by the advertiser. According to Daily Mirror - Main, an unnamed individual described in one Facebook advert that they started a medicated weight-loss journey with Juniper, which brought more than just scale progress, including returning confidence and energy. A video displayed various clips of a woman caring for her baby, walking with a pram, posing for a photograph and standing in a locker room holding a protein shake bottle. The ASA questioned whether the advert suggested new mothers should prioritise weight loss after giving birth, which exploited their body image insecurities and was therefore irresponsible, and promoted prescription-only medicines to the public.

Juniper stated it disputed that the advert encouraged new mothers to prioritise weight loss, claiming its intended message was that mothers could 'seek a balance that felt right for them'. The ASA ruled that the advert exploited new mothers' insecurities and reinforced pressure on them to conform to body image stereotypes. The watchdog investigated two Instagram adverts for Juniper featuring Black Friday promotions, which included the text: 'Run, don't walk. Save £179 over 6 months... now that's a Black Friday sale.' According to Daily Mirror - Main, Juniper described the promotion in those terms. The ASA ordered Juniper to refrain from promoting prescription-only medicines to the public going forward and to ensure future advertising did not create an undue sense of urgency for consumers considering medicated weight-loss programmes. The regulator also examined a comment and posts in weight-loss support groups on Facebook. According to Daily Mirror - Main, an unnamed individual described in one post that Juniper's lower Wegovy price was a solid deal and worth checking, and in another that they were a first-time customer who received quick delivery and could share a discount code. CheqUp Health, which believed the posts and comment had been paid for by Juniper, questioned whether they were clearly identified as advertising.

In another set of rulings, five adverts for supplements claiming to treat symptoms of menopause and other women's hormonal issues have been banned by the advertising watchdog. Ads for the food supplement brands 222 Balance Me, Lunera, Minerva and Nova Menopause Vitality all claimed their products could prevent, treat or cure the symptoms of the menopause. An ad and website for PolyBiotics implied their food supplements could prevent, cure or treat polycystic ovary syndrome (PCOS).

The ASA said it had taken a close look at ads which might prey on people's health worries, emotional concerns, or financial pressures. The ASA said it had used AI to analyse health claims in online ads, which revealed emerging and ongoing issues around misleading claims, driving its rulings on supplements. The ASA said 'many' of the claims in the ads were 'unacceptable' and had not only broken a number of the authority's rules but risked misleading vulnerable people, or steering those who needed it away from appropriate medical advice.

Responses from supplement companies varied. 222 Collective accepted that wording in the ads may have 'inadvertently implied' its product could 'treat or relieve symptoms such as PMS, menopause-related symptoms, anxiety, bloating, heavy bleeding, or mood disorders'. The company said it was a new, founder-run small business and still learning about the requirements of advertising regulations and was working with Trading Standards to ensure it did not make explicit or implied disease or symptom treatment claims. Lunera said it accepted its claims would be understood by consumers to attribute a medicinal property to a food supplement and should not have appeared. PolyBiotics told the ASA it accepted references to PCOS, ovulation, fertility, cycle regulation, insulin resistance and related symptoms constituted disease treatment or symptom-management claims, which were not permitted for food supplements. Minerva and Nova did not respond to the ASA's enquiries.