Guidance

Restricting advertising of less healthy food or drink on TV and online: products in scope

Published 3 December 2024

Summary

This guidance has been developed to assist those affected by the advertising restrictions for less healthy food or drink (also referred to as products high in fat, salt or sugar (HFSS)) on TV and online in understanding and applying the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024, ahead of them coming into force across the UK on 1 October 2025. 

Legal status

The Health and Care Act 2022, which amended the Communications Act 2003, made provision for a 9pm watershed restriction on the advertising of less healthy food or drink products on broadcast TV, and a 24-hour restriction on paid-for advertising of these products online. The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 give practical effect to these provisions.

While this guidance has been produced to help illustrate how the regulations work, it should be read in conjunction with the regulations themselves and with the implementation guidance that will be published by the Advertising Standards Authority (ASA). This guidance should not be taken as an authoritative statement or interpretation of the law, as only courts have this power. While this guidance has been carefully drafted, where there may be any inconsistency between this guidance and the legislation, the legislation must be followed.

Every effort has been made to ensure that this guidance is as helpful as possible. However, it is ultimately the responsibility of individual businesses to ensure their compliance with the law.

Intended audience

This guidance is aimed primarily at those affected by the provisions in the regulations, such as:

• businesses complying with the advertising restrictions
• enforcement authorities enforcing the advertising restrictions

UK nations this guidance applies to 

This guidance, and the regulations to which it refers, applies to England, Wales, Scotland and Northern Ireland. 

Introduction

Consultations were held in:

• 2019 on further advertising restrictions for products high in fat, salt and sugar
• 2020 on total restriction of online advertising for products high in fat, sugar and salt

Less healthy food or drink is also referred to as products high in fat, salt or sugar (HFSS).

In 2021, a response to these consultations was published on the 2019 consultation page and announced the details of the UK-wide policy:

• introducing a 9pm watershed for less healthy food or drink advertising on TV, including all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom
• introducing a 24-hour restriction on paid-for less healthy food or drink advertising online, including non-Ofcom regulated ODPS

The 2021 consultation response also included policy detail on: 

• products, businesses and services in scope of the restrictions
• how products will be defined as less healthy food or drink
• exemptions to the policy
• how the restrictions will be implemented and enforced

The restrictions were set out in primary legislation via the Health and Care Act 2022, which amended the Communications Act 2003.

Further consultations were held in 2022 to 2023 on the draft secondary legislation and in 2024 on how the restrictions apply to internet protocol television (IPTV) services, which deliver TV and advertising live over the internet. In 2024, responses to these consultations were published, and the necessary legal definitions regarding the products, businesses and services in scope of the advertising restrictions are set out in the regulations. 

The advertising restrictions will come into force across the UK on 1 October 2025.

Definitions 

The regulations (or advertising regulations)

Unless otherwise stated, ‘the regulations’ or ‘the advertising regulations’ refer to the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024. 

Schedule 

‘Schedule’ refers to the categories of specified food or drink included in the advertising regulations. 

Promotions regulations

‘Promotions regulations’ refers to the Food (Promotion and Placement) (England) Regulations 2021.

Nutrient profiling model

‘Nutrient profiling model’ refers to the 2004 to 2005 nutrient profiling model (NPM) using the 2011 technical guidance.

Prepacked food 

‘Prepacked’ is defined as in article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers: 

‘Prepacked food’ means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging. 

Non-prepacked food

‘Non-prepacked food’ means any food presented to the final consumer that does not fall within the definition of ‘prepacked food’ as defined in article 2(2)(e) of Regulation (EU) No.1169/2011 of the European Parliament and of the Council on the provision of information to consumers.

Free from

The Food Standards Agency states that “a free-from claim is a guarantee that the food is suitable for all with an allergy or intolerance”.

Complete meal

A complete meal can comprise a single item that is intended to be eaten as a whole meal without the addition of other items, or it can comprise multiple items that are intended to be eaten together as a whole meal.

Summary of the advertising and promotions regulations

We understand that some businesses are already familiar with the DHSC guidance for the promotions regulations in England and may be interested to note the similarities and differences with the advertising regulations.

We have summarised the most important points below and provide further detail on the products in scope in the subsequent sections of this document.

Table 1: summary of the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 and the Food (Promotion and Placement) (England) Regulations 2021

Scope	Advertising regulations	Promotions regulations
Territorial application	England, Wales, Scotland, Northern Ireland	England
Policy focus	The advertising of identifiable less healthy food or drink products on TV and online	The promotion of less healthy food or drink products by location in stores and their equivalent places online and volume price promotions
Businesses	Businesses involved with the manufacture or sale of food or drink with 250 or more employees, including franchises and symbol groups, who pay to advertise less healthy food or drink products	Businesses with 50 or more employees offering pre-packed food for sale in store and online, including franchises and symbol groups Free refills of sugar-sweetened beverages in the out of home sector are subject to the volume price promotions restrictions
Products	Two-stage process using the 2004 to 2005 NPM and specified categories of food or drink set out in the schedule to the advertising regulations Includes products sold by retailers, manufacturers (if selling direct to consumers) and in the out of home sector	Two-stage process using the 2004 to 2005 NPM and specified categories of food or drink set out in the schedule to the promotions regulations Includes products sold by retailers and manufacturers (if selling direct to consumers) Free refills of sugar-sweetened beverages in the out of home sector are subject to the volume price promotions restrictions

Food or drink products in scope 

For the purposes of this guidance, ‘food’ has the same meaning as given in section 1(1) of the Food Safety Act 1990 and includes food and drink. 

The advertising restrictions will only apply to food or drink that are determined to be ‘less healthy’. There is a 2-stage process for defining a ‘less healthy’ food or drink product. The product needs to both:

• fall within one of the product categories in the schedule to the regulations
• score 4 or above for food, or 1 or above for drink when applying the 2004 to 2005 NPM using the 2011 technical guidance

Products within the categories of specified food or drink included in the schedule of the regulations are outlined in the product categories section below. These were identified as the categories of food or drink of most concern for childhood obesity.

To the extent appropriate, we have aligned the product categories in scope of the advertising restrictions with those that are included in the schedule to the promotions regulations. However, there are some differences to reflect that the advertising restrictions apply to products sold or served in the out of home sector as well as by retailers and manufacturers.

The out of home sector is generally considered to be any outlet where food or drink is prepared in a way that means it is ready for immediate consumption, on or off the premises. The most common types of out of home food businesses include restaurants, cafes and takeaways.

If a food or drink product is included in one of the categories of the schedule, it will only be in scope of the advertising restrictions if the product is deemed ‘less healthy’ when applying the 2004 to 2005 NPM using the 2011 technical guidance. The technical guidance provides instructions on how to calculate the NPM score for different products.

While the categories of food in the schedule to the regulations do not overlap, some food products may have multiple ingredients or components meaning that they could sit within more than one category.

Note that a food or drink product may be excluded from one category but included in another, meaning that it could still be in scope of the restrictions, providing it is deemed ‘less healthy’ when applying the 2004 to 2005 NPM using the 2011 technical guidance. See the section below for examples on calculating NPM scores.

If it should be necessary to determine which category the product falls under, this should be done by an objective overall assessment of the ingredients and features of the specific product being offered for sale, in order to determine which category best describes the product in question.

Ultimately, whether or not an advert for a less healthy food or drink product is subject to the advertising restrictions depends on whether it is ‘identifiable’ within the advertisement itself. This is set out in the legislation. The implementation guidance, to be issued by ASA as the frontline regulator, will provide further information on this and how the regulations will be enforced.

Guidance for calculating NPM scores

The NPM uses a simple scoring system where points are allocated on the basis of the nutrient content of 100g of a food or drink. Points are awarded for both:

• ‘A’ nutrients (energy, saturated fat, total sugar and sodium)
• ‘C’ nutrients (fruit, vegetables and nut content, fibre and protein)

The score for ‘C’ nutrients is then subtracted from the score for ‘A’ nutrients to give the final NPM score.

In most instances, the NPM score will need to be calculated for products ‘as sold’ rather than as consumed. The same principle applies to products and meals sold by retailers, manufacturers and in out of home settings. Illustrative examples are below.

Note that where a product needs to be reconstituted before being consumed, the NPM score should be calculated based on 100g of the product reconstituted according to manufacturer instructions. This is particularly relevant for product mixes, such as cake mixes.

Examples for calculating NPM scores of products

Example 1: products that are pre-packed separately but then combined in a single outer packet (for example, granola with yoghurt). If either product is included in the schedule and has an NPM score of 4 or more, then the whole pre-packed product would be in scope of the restrictions.

Example 2: products that are composed of multiple pre-packed items all packaged together and sold as one product (for example, a hamper). If at least one item in the multipack is included in the schedule and has an NPM score of 4 or more, then the entire multipack would be in scope of the restrictions. In other words, each item is assessed individually to determine its NPM score and if one item has a score of 4 of more then the whole package of items would be in scope of the restrictions.

Example 3: items that are ordered from a menu in an out of home setting as a complete meal, either by themselves or together with other products ordered from the same menu, for example a burger in a bun with chips. If any item in the meal is included in the schedule, then it may be in scope of the restrictions depending on its NPM score. If the nutrition information is available for the meal as a whole then, for the sake of pragmatism, the NPM score should be calculated on this basis. However, if the nutrition information is available for the individual items that form the complete meal, then the NPM score should only be calculated for the component or components included in the schedule. If any of these components have an NPM score of 4 or more (either the burger in a bun or the chips or a meal with a dipping sauce), then the whole meal would be in scope of the restrictions.

Exempt products

The following products (as defined in assimilated Regulation (EU) No.609/2013 of the European Parliament and of the Council) are exempt from the advertising restrictions because they are already subject to separate regulatory regimes:

• infant formula, follow-on formula, processed cereal-based food and baby food
• total diet replacement products (this is food specially formulated for use in energy restricted diets for weight reduction which, when used as instructed by the food business operator, replaces the whole daily diet)
• meal replacement products which use an approved ‘health claim’ provided in the annex to assimilated Regulation (EU) No.432/2012
• food for special medical purposes

For more exemption examples, see the listed exclusions for each category below. The exclusions apply across retail and out of home settings. The lists of examples are not exhaustive.

Product categories

To the extent appropriate, we have aligned the product categories in the schedule to the advertising regulations with those in the schedule to the promotions regulations. With the exception of category 13, the categories apply equally to retailer and manufacturer products as well as those sold or able to be selected from a menu in out of home settings. Where elements of category 13 apply differently to retail and out of home settings, this is explained in the relevant section below.

The categories include all variations of products and meals, including:

• hot
• ambient
• chilled
• frozen
• ready-to-eat or drink
• on-the-go

It includes products and meals that are prepacked (including all variations of packaging) and those that are non-prepacked and served loose.

As set out previously, a food or drink product will only be in scope of the advertising restrictions if it falls within one of the product categories of the schedule and is deemed ‘less healthy’ when applying the 2004 to 2005 NPM using the 2011 technical guidance.

Category 1 

As stated in paragraph 2 of the schedule:

“Prepared soft drinks containing added sugar ingredients (other than exempt products referred to in paragraph 1 or the exempt soft drinks referred to in paragraph 5(1)).”

As stated in the regulations, “a soft drink contains ‘added sugar ingredients’ if any of the following are combined with other ingredients at any stage in the production of the soft drink:

• (a) calorific mono-saccharides or di-saccharides 

• (b) a substance containing calorific mono-saccharides or di-saccharides”

Principles of category 1

Soft drinks covered by the Soft Drinks Industry Levy Regulations 2018 (SDIL) but defined as HFSS or ‘less healthy’ when applying the 2004 to 2005 NPM using the 2011 technical guidance. 

Other drinks, powders, syrups, pods and cordials are all in scope if they include added sugar.

Note: for powders, the NPM score should be calculated based on 100g of the drink as reconstituted according to the manufacturer’s instructions. As with all products, see the 2011 technical guidance for support calculating the NPM scores.

Examples of category 1 products are listed below. For each example, only products which contain added sugar are in scope: 

• soft drinks, including lemonades, colas and fruit-based squash drinks and energy drinks
• juice-based drinks
• fruit juices or smoothies (including smoothies with dairy)
• milk-based drinks and milk substitute drinks with added sugar or sweeteners (flavoured and unflavoured; for example, soya, almond, oat, hemp, hazelnut or rice and so on)
• milkshakes and hot chocolates
• coffee and milk-based drinks, including those with additions (such as mochas, frappes, caramel, vanilla, chai and hazelnut lattes and caramel macchiato)
• tea and coffee
• kombucha
• fermented (yoghurt) drinks, defined as a composite milk product obtained by mixing yoghurt with a liquid (milk, water or fruit juice) with or without other ingredients to create a drink (for example, kefirs, lassis, and pre and probiotic drinks)
• breakfast drinks or shakes, which could be consumed in addition to or as a substitute for breakfast. For example, a smoothie or shake with a carbohydrate component such as oats or wheat
• powders, sachets, pods or syrups:
  • coffee or tea powders, sachets, pods or syrups
  • 2 in 1 (coffee and milk powder) or 3 in 1 (coffee, milk powder and sugar)
  • hot chocolate powders, pods and syrups
  • malt drink powders
  • milkshake powders
  • protein powders

Excluded category 1 products are:

• drinks without added sugar, including milk (as defined in regulation 7 of SDIL), unsweetened milk-based drinks and unsweetened smoothies
• drinks without added sugar and sweetened only with natural fruit or vegetable juice, including fruit juices
• alcoholic drinks and alcohol substitute drinks with more than 1.2% alcohol by volume (ABV)

Category 2

As stated in paragraph 6 of the schedule:

“Savoury snacks whether intended to be consumed alone or as part of a complete meal, such as crisps, pitta bread based snacks, pretzels, poppadums, salted popcorn and prawn crackers (but not raw, roasted coated or flavoured nuts), including -

• (a) products made from potato, other vegetables, grain or pulses

• (b) extruded, sheeted and pelleted products

• (c) savoury crackers, rice cakes or biscuits

• (d) pork rind-based snacks” 

Principle of category 2

All crisps and products eaten as alternatives or eaten on the same eating occasion as crisps. All sizes, shapes and types of savoury snacks are included. 

Examples of category 2 products may include:

• crisps
• savoury crackers, rice cakes and biscuits sold and eaten as alternatives to crisps
• corn puffs
• potato hoops
• tortilla chips
• chickpea or lentil-based crisps
• fried, flavoured or seasoned chickpeas
• seaweed-based snacks
• Bombay mix

Excluded category 2 products are: 

• raw, coated, roasted or flavoured nuts and seeds (or mixes of these products - for example, a mix of nuts and seeds)
• fruit-based snacks such as dried fruit, fruit crisps or chips (includes both sweetened and unsweetened fruit ingredients)
• trail mix made up of dried fruit and nuts or seeds
• meat jerky
• ‘dunker’ type products, which include breadsticks and a dip
• wasabi peas
• savoury pressed seed bars
• larger packs of breadsticks which are not intended to be eaten in the same way or on the same eating occasion as crisps or other savoury snacks

Category 3 

As stated in paragraph 7 of the schedule:

“Breakfast cereals including ready-to-eat cereals, granola, muesli, porridge oats and other oat-based cereals.”

Principle of category 3 

All products predominantly found in the ‘breakfast cereal’ aisle of a retailer and those sold or served as a breakfast item in out of home settings (even if served at any time of the day). 

Examples of category 3 products may include: 

• granola
• muesli
• ready-to-eat cereals
• porridge oats, including instant porridge and other hot oat-based cereals

Category 4

As stated in paragraph 8 of the schedule:

“Confectionery including chocolates and sweets.”

Principles of category 4

All products predominantly found in the ‘confectionery’ aisle of a retailer, including chocolate and sweets, and ‘free from’ confectionery products and those served in out of home settings. 

Products marketed as ‘protein bars’ or ‘high protein’ may fall under this category if they possess the ingredients or other features of a confectionery bar. If their ingredients contain cereal or nuts, they may fall under category 7. 

Products that have features and ingredients that indicate they are a type of confectionery should be determined on a case-by-case basis. 

Examples of category 4 products may include: 

• sweet popcorn, and mixed sweet and salty popcorn
• chocolate coated nuts, peanuts, seeds and fruit
• white, milk and dark chocolate
• cooking chocolate
• chocolate bars and boxed chocolates
• bagged slabs or tubed sweets
• jellied fruit sweets
• chewing gum
• marshmallows
• chocolate covered products - for example, chocolate covered pretzels

Excluded category 4 products are:

• all dried fruit
• sweet coated nuts (other than chocolate covered nuts) - for example, honey coated, syrup coated, carob coated, sweet chilli flavours, and mixes of sweet and salty or savoury
• sugar-free sweets and sugar-free chewing gum
• yoghurt coated nuts, seeds or fruit

Category 5 

As stated in paragraph 9 of the schedule: 

“Ice cream, ice lollies, frozen yoghurt, water ices and similar frozen products.”

Principle of category 5

All dairy and non-dairy ice cream or ice cream alternatives, ice lollies and sorbets. 

Examples of category 5 products may include: 

• ice cream (including vegan and lactose-free alternatives)
• ice lollies
• choc ices
• frozen yoghurt
• sorbets
• gelato-style ice cream
• ice cream desserts - for example, arctic roll and ice cream sundaes
• alcohol-flavoured products - for example, rum and raisin flavoured ice cream - that are below 1.2% ABV or alcohol-free

Excluded category 5 products are:

• ice cream decorations and toppings, including sauces
• ice cream wafers (these are included under category 7)
• alcoholic products
• roulade and gateaux (these are included under category 9)

Category 6 

As stated in paragraph 10 of the schedule: 

“Cakes and cupcakes.”

Principle of category 6

All types of cakes, including cake mixes, sold or served individually or with an accompaniment such as cream, ice cream or custard.

Examples of category 6 products may include: 

• all sponge cakes
• cupcakes
• cake bars and slices
• doughnuts
• American muffins
• flapjacks
• Swiss rolls
• brownies
• traybakes
• cream cakes
• mini rolls
• éclairs
• frozen cakes

Excluded category 6 products are cake decorations and toppings, including icing and sauces.

Category 7 

As stated in paragraph 11 of the schedule: 

“Sweet biscuits and bars based on one or more of nuts, seeds or cereal.”

Principles of category 7

Includes all sweet biscuits (filled and unfilled) and chocolate bar biscuits, including flour-based and ‘free from’ products. All shapes and types of sweet biscuits and cookies are included. Also includes sweet bars based on one or more of these ingredients: nuts, seeds or cereal. 

Includes products that are akin to a ‘classic’ cereal bar product, whether they are in the shape of a bar or otherwise. 

Products marketed as ‘protein bars’ or ‘high protein’ may be considered under this category if their ingredients contain cereal, nuts or seeds. They may fall under category 4 if they possess the ingredients or other features of a confectionery bar.

Examples of category 7 products may include: 

• cereal bars (cereal bars may be similarly shaped to a chocolate bar, made of cereals and typically other ingredients such as fruits and nuts, but can also include nut and seed-based bars)
• sweet toaster pastries
• sweet flavoured rice or corn cakes
• filled and unfilled sweet biscuits and cookies
• breakfast biscuits
• shortbread
• ice cream wafers or cones
• coated chocolate biscuit bars

Category 8 

As stated in paragraph 12 of the schedule: 

“Morning goods, including croissant, pain au chocolat and similar pastries, crumpets, pancakes, buns, teacakes, scones, waffles, Danish pastries and fruit loaves.”

Principles of category 8

Includes sweet pastries and buns, morning goods mixes (for example, pancake mixes and ‘ready to bake’ or ‘bake at home’ products) and fruited bread products. 

Includes ‘free from’ products. 

Examples of category 8 products may include: 

• Danish pastries
• croissant, pain au chocolat and similar pastries
• crumpets
• pancakes
• buns (includes fruited and sweet non-fruited buns, such as iced buns)
• teacakes
• scones
• waffles
• English muffins
• bagels (plain and sweet)
• fruit loaves
• hot cross buns
• brioche
• malt loaf (both sweetened with sugar or fruit)

Savoury bread products not mentioned in the examples above, such as focaccia and olive bread, are excluded from category 8. Some savoury bread products may be captured in other categories.

Category 9 

As stated in paragraph 13 of the schedule: 

“Desserts and puddings, including pies, tarts and flans, cheesecake, gateaux, dairy desserts, sponge puddings, rice pudding, crumbles, fruit fillings, powdered desserts, custards, jellies and meringues.”

Principles of category 9

Includes all types of pudding and desserts, including mixes.

Includes ‘free from’ products. 

Examples of category 9 products may include: 

• sweet pies - for example apple pie, mince pies and so on
• tarts and flans
• cheesecake
• gateaux
• dairy desserts, such as chocolate pots
• sponge puddings
• rice pudding
• crumbles
• fruit fillings
• roulade
• powdered dessert mixes
• custards
• jellies
• meringue desserts
• choux pastry desserts
• mousses
• Christmas pudding
• trifle
• roly poly
• dessert pizzas

Excluded category 9 products are:

• creams such as whipped cream and flavoured or sweetened creams
• syrups
• condensed caramel
• dessert toppings and sauces
• sponge fingers sold as a component to make a dessert
• tinned or canned fruit

Category 10 

As stated in paragraph 14 of the schedule: 

“Sweetened (whether with sugar or otherwise) yoghurt and fromage frais.”

Principles of category 10

Includes dairy and non-dairy alternatives (such as soya, oat, goat or sheep products). 

Includes yoghurts that are sweetened using sweeteners, sugar or fruit ingredients. 

Excludes natural unsweetened yoghurt and unsweetened fromage frais. 

Examples of category 10 products may include: 

• flavoured Greek-style yoghurts
• probiotic yoghurts
• split yoghurts or twin chamber pots
• kids’ yoghurts
• fat free and low-fat yoghurts
• dairy-free yoghurts
• fromage frais
• drinking yoghurts - defined as a drinkable product that meets the definition for yoghurt, with no additional liquids (milk, water or fruit juice)

Excluded category 10 products are natural yoghurt and unsweetened yoghurt and fromage frais, including plain Greek yoghurt.

Category 11 

As stated in paragraph 15 of the schedule: 

“Pizza (except plain pizza bases).”

Principles of category 11

Includes pizzas with all varieties of sauces and toppings.

Includes ‘free from’ products.

Examples of category 11 products may include: 

• deep pan, deep dish, thin crust and stuffed crust pizzas
• all topping varieties and all sizes
• flatbread pizzas

Excluded category 11 products are:

• plain pizza bases
• garlic bread and cheese garlic bread, and ‘loaded’ varieties of garlic bread

Category 12 

As stated in paragraph 16 of the schedule: 

“Roast potatoes, potato and sweet potato chips, fries and wedges, potato waffles, novelty potato shapes (such as smiley faces), hash browns, rostis, crispy potato slices, potato croquettes.”

Principle of category 12

Includes potato and sweet potato products. 

Examples of category 12 products are as listed above in the category description.

Excluded category 12 products are:

• plain potatoes or sweet potatoes that are not treated, cooked, cut or shaped
• whole, sliced or mashed potatoes with butter
• potato salads

Category 13 

As stated in paragraph 17 of the schedule:

“Any of the following which is not an exempt product within the meaning of paragraph 1:

• 17(a) products, such as ready meals, that are marketed as ready for cooking or reheating without requiring further preparation and intended to be consumed as a complete meal
• 17(b) products ordered from a menu, which by themselves, or together with other products ordered from the same menu, are intended to be consumed as a complete meal
• 17(c) products, other than products that contain pastry, in or with a sauce (but not a marinade, glaze, dressing, seasoning or similar accompaniment) that are marketed as ready for cooking or reheating without requiring further preparation and intended to be consumed as the main element of a meal
• 17(d) breaded or battered -
  • (i) vegetable, fish, shellfish, meat, or poultry products
  • (ii) substitute fish, shellfish, meat or poultry products including fish fingers, fish cakes, chicken nuggets and breaded meat substitutes
• 17(e) sandwiches of any kind, including baguettes, ciabattas, wraps, bagels, filled muffins, filled buns or baps, filled croissants, toasties or paninis.”

Principles of category 13

Category 13 is articulated differently in the advertising regulations compared to the promotions regulations to reflect that the advertising restrictions apply to products and meals sold in retail and out of home settings.

As explained below, some elements of category 13 will, in practice, specifically relate to one sector (either retail or out of home), while other elements apply to both. We have structured the guidance using the text from the schedule to support understanding of the regulations.

In applying elements of category 13, we appreciate that there may be some differences in the products available in retail settings and the equivalent selections in out of home settings. We have provided examples under each element of category 13 to support businesses in the application of the regulations. However, the examples under each element may be included in retail and out of home settings.

The advertising restrictions are designed in a way to regulate how identifiable less healthy food or drink products may appear in advertisements on TV and online. The 2-stage process using the 2004 to 2005 NPM supports businesses to determine which of their products may be in scope of the restrictions. As noted previously, the lists of examples are not exhaustive. 

Category 13, paragraph 17(a)

This paragraph in the schedule to the advertising regulations is the same as the schedule to the promotions regulations. It includes ‘ready meals’, which are products that are marketed as meals that are ready for cooking or reheating without requiring further preparation and which include a carbohydrate accompaniment or a carbohydrate main element (whether or not it contains a protein element).

Examples may include:

• Chinese, Thai, Italian, traditional and so on, with carbohydrate accompaniment (potato, rice, noodles, pasta and so on) made from meat, poultry, fish, meat alternatives or vegetables
• fresh pasta, rice or noodles with added ingredients and flavours, including filled or stuffed pasta such as ravioli and tortellini
• vegetable curries and dhal with rice
• potato-topped pies

These may also be examples of products described in paragraph 17(b) (below) when selected from a menu in the out of home sector and consumed as a complete meal.

Category 13, paragraph 17(b)

This paragraph is included in the schedule to the advertising regulations but not the schedule to the promotions regulations to reflect that the advertising restrictions apply to out of home settings.

It is different to the other paragraphs of category 13 in that, in practice, it will specifically affect the out of home sector because it includes products that are selected from a menu and consumed as a complete meal by themselves, as well as multiple products that are selected from the same menu and consumed together as a complete meal.

Examples may include:

• burger in a bun and fries
• fried chicken or seafood and chips
• sausage with vegetables and mash
• fries, chips or wedges with toppings (such as ‘loaded fries) and filled jacket potatoes
• children’s meal bundles - menu items aimed primarily at children grouped together to form a ‘meal bundle’ at a set price. Children’s meal bundles can include a combination of a starter, main meal, pudding and/or a drink for a set price. (Menu items within ‘children’s meal bundles’ can include products from other categories)

Category 13, paragraph 17(c)

This paragraph in the schedule to the advertising regulations is the same as the schedule to the promotions regulations. It includes products that are a main element of a meal but not a complete meal, described in the guidance for the promotions regulations and the calorie reduction programme as ‘meal centres’. It is the sauce and the fact that they do not contain a carbohydrate element that defines these products. They are sold by retailers and intended for cooking or reheating at home.

Examples may include Chinese, Thai, Italian, traditional and so on, without a carbohydrate accompaniment and made from meat, poultry, fish, meat alternatives or vegetables. Includes products served in a sauce or with a sauce as part of the product - for example, in a packet or sachet intended to be poured on during or after heating.

Please note that these products, when served with a carbohydrate element or accompaniment, would be considered a ‘complete meal’. This means they could be captured under paragraph 17(b) of the schedule when selected with other products from a menu in an out of home setting. They could also be captured under paragraph 17(a) of the schedule as part of a ready meal purchased from a retailer intended for cooking or reheating at home.

Category 13, paragraph 17(d)

This paragraph in the schedule to the advertising regulations is the same as the schedule to the promotions regulations. It includes products sold by retailers as well as those sold or served in the out of home sector. The same products can be considered examples of those contained in paragraph 17(b) of the schedule (see above) when ordered from a menu and consumed as a complete meal, either by themselves or together with other products from the same menu.

Examples may include:

• fish fingers
• chicken nuggets
• battered fish
• fish or chicken goujons
• breaded meat substitutes
• scampi
• Kievs
• breaded chicken fillets
• also includes ‘lightly dusted’ products, cereal-coated products and gluten-free alternatives

Category 13, paragraph 17(e)

This paragraph is included in the schedule to the advertising regulations but not the schedule to the promotions regulations. It includes sandwiches sold by both retailers and in the out of home sector. Examples are as listed above.

Exclusions of category 13 (all sub-sections) are: 

• retail meal kits - for example fajita or enchilada meal kits or other kits that contain ingredients requiring preparation and combining for cooking a meal
• breaded or battered cheese-based products
• dried noodles, pasta and rice that require reconstitution prior to consumption
• breaded ham or charcuterie products
• savoury pastry products such as meat, fish, vegetable or meat alternative pastry pies, pasties, sausage rolls, tarts, tartlets, quiches, slices, lattices and plaits
• meat^{[footnote 1]}, poultry, fish, shellfish or meat alternatives, either served plain, smoked or with a marinade^{[footnote 2]}, glaze, dressing, seasoning rub or similar accompaniment
• ‘meats, fish, shellfish or meat alternatives that are plain (for example, raw plain chicken breasts) or have been smoked (for example, smoked meat and fish) or are processed meats (such as ham, salami and bacon)
• sushi
• party food that is not intended to be consumed as a complete meal - for example, mini sausages

1. ‘Meat’ includes meat and processed meat products such as ham, salami, chorizo, bacon, gammon, chicken pieces, grills, burgers (without a bun), sausages and steaks. These products are in scope of category 13 when served in or with a sauce. ↩

2. A ‘marinade’ differs from a sauce as it is intended to be absorbed into the food before or during cooking so that, after cooking or heating the food product, no significant liquid remains to be poured over the food. ↩