Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, when she plans to publish guidance on the brand advertising exemption from advertising restrictions contained in the Health and Care Bill.

The brand advertising exemption referred to in the government’s 2021 consultation response on less healthy food and drink advertising is not expressly referred to in the Health and Care Bill, as the scope of the restrictions extend only to the advertising of identifiable less healthy food and drink products. This means that brand advertising is out of scope, and provided that there are no identifiable products, food and drink brands can continue to advertise.

It is the government’s intention to work with regulators to ensure that clear guidance is available for businesses to understand all elements of the restrictions and ensure their compliance. This will include providing more detail on brand advertising. We expect this guidance to be made available for consultation later this year. The exact timing is a matter for regulators.