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

To ask the Secretary of State for Digital, Culture, Media and Sport, what specific steps his Department will take to enforce restrictions on online advertising of products high in fat, sugar and salt.

In 2019 and 2020, the Government consulted on proposals to further restrict HFSS advertising on TV and online. We will be publishing the government response to the consultation shortly, which will set out the future policy direction for both TV and online HFSS advertising.

In the 2020 consultation we proposed that the day-to-day responsibility for applying HFSS advertising restrictions be given to the Advertising Standards Authority, recognising their expertise and experience in regulating advertising. Following the current regulatory regime, we propose that breaches would be resolved in line with current ASA policy of responding to individual complaints and promoting voluntary cooperation with the restriction.

If this approach failed or advertisers were committing repeated or severe breaches relating to HFSS marketing material, they would face stronger penalties through a statutory backstop. We would envisage that the backstop regulator would have powers to issue civil sanctions, including the ability to issue fines.

We want to ensure that the enforcement powers of the statutory regulator are designed and used in a way that incentivises compliance and allows for rapid remedial action. The Government will implement any new HFSS advertising restrictions across both online and TV simultaneously by the end of 2022, as outlined in the Tackling Obesity policy published on 27 July 2020.