Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the compliance of the proposed restrictions to communication and marketing activities of foods high in fat, sugar and salt on brands’ and companies’ own websites and social media channels with intellectual property laws.

We published an evidence note alongside the consultation on the proposal to introduce a total restriction of online advertising for products high in fat, salt and sugar. The note references non-monetised benefits as result of reformulation of products. This is available at the following link:

https://www.gov.uk/government/consultations/total-restriction-of-online-advertising-for-products-high-in-fat-sugar-and-salt-hfss/evidence-note

This builds on the impact assessment that accompanied the 2019 consultation on further advertising restrictions on TV and online. This is available at the following link:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/786554/advertising-consultation-impact-assessment.pdf

As with all Government policies, legal advice is provided by the Government Legal Department to inform Ministerial policy decisions.