The Committees of Advertising Practice (CAP) have recently issued an update on the consultation regarding media restrictions on advertisements for “less healthy” food and drink products, which closed on 7th February 2024. 

The update explains where CAP are in finalising the guidance for implementing the new restrictions, the next steps in the consultation process and expected timelines to bring the work to a conclusion. 

On behalf of the ASA, the Committees of Advertising Practice (CAP) consulted on rules and guidance to implement provisions in the Communications Act, 2003 (the Act), which will, from October 2025, ban ads for “identifiable” less healthy food and drink products (LHF) from being:  

• included in Ofcom-regulated TV services between 5:30am and 9:00pm; 

• included in Ofcom-regulated on-demand programme services (“ODPS”) between 5:30am and 9:00pm; and 

• placed in paid-for space in online media at any time. 

However, based on legal advice to support their evaluation of consultation responses, CAP (supported by the ASA and Ofcom) now considers that some parts of the proposed guidance are likely to require revision. 

They are therefore, preparing revised guidance to better support affected advertisers and media to help them to make informed judgments about whether an ad would be likely to be restricted. 

The revised version of the guidance, will go out for further public consultation in the coming weeks, barring any unforeseen developments.  

Following their re-evaluation they will then work with Ofcom and the ASA to complete the governance process. In accordance with the Act, this must involve consultation with the Secretary of State.  

They aim to publish the final guidance in the spring, again barring any unforeseen developments. 

Further explanation of the areas under revision can be found here