Question to the Department of Health and Social Care:

To ask His Majesty's Government what are the reasons why "legal clarification" on brand advertising was deemed necessary in the Written Statement by Baroness Merron on 22 May (HLWS662) and not in the Written Statement by Baroness Merron on 22 April (HLWS587).

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.

The decision to exempt brand advertising from these restrictions was made following consultation, and was understood and agreed by Parliament during the passage of the Health and Care Bill.

The position of the Government has been consistent, and on 7 April we re-confirmed our view that brand advertising is not in scope of this policy, as the legislation only restricts adverts that could reasonably be considered to be for identifiable less healthy products.

Industry raised significant concerns in response to the Advertising Standards Authority’s (ASA) draft implementation guidance published for consultation in February. We are aware that many brands have prepared advertising campaigns in good faith ahead of the restrictions’ current coming into force date of 1 October 2025, and remain concerned about how these adverts will be affected by the ASA’s implementation guidance.

There were several meetings between ministers in the Department of Health and Social Care and the Department of Culture, Media and Sport. These discussions culminated in setting out a resolution in our statement of 22 May. We announced that the Government will explicitly exempt ‘brand advertising’ from the advertising restrictions. This is to avoid pigeon-holing brands as less healthy, and instead encouraging brands to reformulate their products and offer healthier options.

Providing this legal clarification on the policy’s intention will provide certainty to industry and will support businesses to invest in advertising with confidence, while ensuring that we deliver on our commitment and protect children from further exposure to junk food advertising and the lifelong harms of obesity.