Closed consultation

Introducing further advertising restrictions on TV and online for products high in fat, salt or sugar: secondary legislation

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Government has formulated final policy for introducing advertising restrictions for HFSS products on TV and online and is now seeking your views on the draft regulations that accompany primary legislation.

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Consultation description

In response to previous consultations (an initial consultation in 2019 and a second consultation in 2020), government published a formal consultation response on advertising restrictions for high in fat, salt or sugar (HFSS) products.

This response announced the UK wide policy will:

  • introduce simultaneously a 9pm TV watershed for HFSS products and a restriction of paid-for HFSS advertising online

  • include all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom, in the TV watershed for HFSS advertising

  • include non-UK regulated ODPS in the restriction of paid-for HFSS advertising online because they are outside UK jurisdiction

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, which was amended by the Health and Care Act 2022.

Government is now seeking feedback on our draft regulations 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.


Published 9 December 2022