Question to the Department of Health and Social Care:

To ask His Majesty's Government further to the Written Statement by Baroness Merron on 22 May (HLWS662), whether the commitment by advertisers and broadcasters to implement the advertising restrictions for less healthy food and drink in October 2025 is based on the February 2024 proposed guidance from the Advertising Standards Authority, or the updated guidance discussed in the consultation update on 13 January.

The Government is committed to implementing advertising restrictions for less healthy food and drink on television and online, as part of its ambition to raise the healthiest generation of children ever. These restrictions are expected to remove up to 7.2 billion calories from United Kingdom children’s diets per year and deliver £2 billion in health benefits.

The Government received representations from a range of stakeholders in response to the Advertising Standards Authority's (ASA) revised implementation guidance and prior to the written statement on 22 May announcing a revised approach to implementing the advertising restrictions. This included written correspondence from the food and drink industry and the advertising industry, however, representations did not reference legal action against the Government or the ASA. We listened carefully to the concerns raised by all stakeholders and worked with the Department of Culture, Media and Sport to find a successful resolution.

The resolution was agreed on the basis that advertisers and broadcasters, with the support of online platforms and publishers, have made a unique and public commitment to comply with the restrictions as though they would still come into force from 1 October 2025. The consistent position of the Government is that brand advertising is not in scope of the advertising restrictions, and this was clearly understood by Parliament during the passage of the Health and Care Bill. We have engaged with industry stakeholders and understand that businesses are using the implementation guidance the ASA consulted on between December 2023 and February 2024 as a guide to comply with the restrictions.

Ofcom was appointed as the statutory regulator for the advertising restrictions, and this was set out in primary legislation via the Health and Care Act 2022. Following consultation, Ofcom appointed the ASA as the frontline regulator. The ASA is required by law to consult my Rt Hon. Friend, the Secretary of State for Health and Social Care on its non-statutory implementation guidance ahead of publication.