BCAP launches Guidance on differentiating TV ads for HFSS products from TV ads for brands
23 November 2007

Rules on the TV advertising to children of food and drink products that are high in fat, salt or sugar (HFSS) were announced in February this year. Those rules came into force in July; so the ad industry has had lots of time to digest them.
But, when it announced the new rules, Ofcom made clear that TV brand advertising and brand sponsorship would not be subject to the HFSS product ad restrictions. But how do you determine whether a TV ad is a brand ad?
BCAP has produced a Guidance Note to help advertisers, broadcasters and the regulators answer that question.
For starters
The restrictions on TV ads for HFSS products were introduced against a background of concern about rising childhood obesity. Together with a package of other initiatives, they are intended to reduce the demand for less healthy food options and to encourage the promotion of healthier alternatives and a healthy, active lifestyle to children.
The Guidance Note gives greater clarity about when to apply the TV rules: that is when an ad directly or indirectly promotes an HFSS product. It is intended to help advertisers, agencies, TV broadcasters and the regulators achieve common criteria for distinguishing HFSS product TV ads from brand TV ads.
In a nutshell
Differentiating an HFSS product ad from a brand ad is not always easy. The Guidance sets out ad scenarios in which that problem could arise and provides BCAP’s consideration of whether those ads amount to HFSS product ads. Although they are not exhaustive, the scenarios explain that a TV ad is likely to be subject to the HFSS restrictions if it:
• Refers to or prominently features an identifiable HFSS product;
• Refers to or features a brand name that is strongly associated with a specific HFSS product;
• Refers to or prominently features a food or drink product but does not provide enough information for the audience to identify the product variant in the advertiser’s mainly HFSS range of that type of product or
• Refers to or features content, such as a strapline, celebrity, licensed character or brand-generated character, that is strongly associated with a specific HFSS product.
You can access the Guidance Note here.