Differentiating HFSS product TV advertisements from brand TV advertisements

1. Background

BCAP offers Guidance on the interpretation of BCAP’s Radio and TV Advertising Codes.  

Guidance reflects how BCAP intends its Codes to be interpreted but does not bind the ASA in the event of a complaint about an advertisement that follows it.  The ASA is bound to interpret the BCAP Code rules only.

For advice on specific TV advertisements, consult Clearcast, www.clearcast.co.uk.  

2. What this Guidance applies to

This Guidance is intended to give greater certainty about when the rules that govern TV advertisements that promote, directly or indirectly, an HFSS product apply.  HFSS products are food or drink products that are assessed as being high in fat, salt or sugar in accordance with the nutrient profiling scheme published by the Food Standards Agency (FSA) on 6 December 2005 or as amended.  TV advertisements for HFSS products attract specific content and scheduling restrictions, set out in section 3 of this Guidance.  Those restrictions do not apply to advertisements for non-HFSS products or to brand advertising and brand sponsorship.

BCAP acknowledges that differentiating an HFSS product advertisement from a brand advertisement is not always easy.  The problem is especially stark if the brand is inextricably linked with a distinct product and the brand name is featured on other distinct products.

BCAP intends this Guidance to help advertisers, agencies, television broadcasters and the ASA achieve a common understanding of where to draw the line between HFSS product advertisements and brand advertisements.  BCAP considers this Guidance supports compliance with the letter and the spirit of the HFSS product TV advertising rules and takes into account the legitimate rights of advertisers to promote their brands.

3. Restrictions on TV advertising for HFSS products

Content restrictions:

7.2.3 Promotional offers
Promotional offers should be used with a due sense of responsibility. They may not be used in HFSS product advertisements targeted directly at pre-school or primary school children.

7.2.4 Use of characters and celebrities
Licensed characters and celebrities popular with children must be used with a due sense of responsibility. They may not be used in HFSS product advertisements targeted directly at pre-school or primary school children.

8.3.1 Accuracy in food advertising
(c) No nutrition or health claim may be used in HFSS product advertisements targeted directly at pre-school or primary school children

Scheduling restrictions:  

Children and young people 4.2.1
(b) The following may not be advertised in or adjacent to children’s programmes or programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 10:
(iii) food or drink products that are assessed as high in fat, salt or sugar in accordance with the nutrient profiling scheme published by the Food Standards Agency (FSA) on 6 December 2005.

4. Differentiating HFSS product TV ads from brand TV ads

Principles:

The restrictions on TV advertisements for HFSS products have been introduced against a background of concern about rising childhood obesity.  The Government has undertaken to reduce the demand for less healthy food options and to encourage the promotion of healthier alternatives and a healthy, active lifestyle to children.  That provides important and relevant context to the application of the HFSS product-specific rules and can help develop an understanding of the spirit and purpose of a brand advertisement.

The HFSS product-specific rules do not apply to TV advertisements for food or drink products that are assessed as not being high in fat, salt or sugar in accordance with the nutrient profiling scheme published by the Food Standards Agency on 6 December 2005 or as amended.

BCAP acknowledges that differentiating an HFSS product advertisement from a brand advertisement is not always easy.  This guidance sets out scenarios in which that problem could arise and provides BCAP’s opinion on whether the ad amounts to an HFSS product advertisement.  The list of scenarios is not exhaustive.  BCAP strongly advises that advertisers should exercise caution and not rely entirely on the scenarios outlined in this Guidance because other factors could lead to a TV advertisement being judged to be an advertisement for an HFSS product and not a brand advertisement or vice versa.

5. Scenarios



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[1] For the purposes of this Guidance, “synonymous with” should be taken to mean “very strongly associated with” a specific HFSS product.