July 3, 2017

The new rules restricting advertising in non-broadcast media of food and soft drink products that are high in fat, salt or sugar (HFSS), which came into effect on 1 July 2017 (see item above), reflect the rules that are already in place for TV. Therefore, BCAP’s rules are unchanged.

However, the process of developing the new CAP rules resulted in a new piece of guidance on identifying brand ads that are likely to have the effect of promoting an HFSS product. BCAP’s existing brand guidance was used as a basis for this work and BCAP itself played a part. As a result, BCAP decided to adopt the revised version, which came into effect alongside the CAP rules on 1 July 2017.

BCAP explains that brand advertising is covered because if it has a close relationship to a specific HFSS product, it could promote it indirectly. BCAP wants to ensure that its rules remain effective in protecting children where there’s a reasonable likelihood an HFSS product is being promoted.

Ads that feature products prominently make it easy for the ASA to decide whether to apply the HFSS rules on the basis of that product’s nutrient profile. The guidance helps the ASA in instances where products do not feature or they are not clearly identifiable and takes a pretty broad view on what branding can be. It is not just company logos, it can apply to anything associated with individual products, ranges, companies or corporate entities.

As far as product references are concerned, ads featuring branding that is strongly product related are the main area of concern. Advertisers need to adopt a cautious approach, BCAP says.

If an ad features product branding that is synonymous with an HFSS product, but not the product itself, the ASA is still highly likely to apply the restrictions.

If it features a generic product that cannot be identified, the advertiser will have to satisfy the ASA that the range of products it relates to is mainly non-HFSS.

Incidental references to HFSS products (e.g. something in the background on a supermarket shelf) that are not related to what the ad is actually promoting are unlikely to render the ad an ad for those products.

The guidance does not apply to non-HFSS product ads or to ads that feature non-HFSS branding, but BCAP says that advertisers need to be careful where they use branding that also relates to HFSS versions of a product or other products.

Where branding that is synonymous with a range of products appears, the ASA is likely to expect advertisers to demonstrate that the products in the range advertised are mainly (i.e. more than 50%) non-HFSS.

As for company branding, company brands usually have broader identities than being synonymous with individual products. However, they are often “synonymous with” a range or ranges of products they manufacture or sell. If the range or ranges are mainly HFSS, the guidance allows for the advertiser to demonstrate to the ASA that they have sufficient identity beyond the provision of HFSS products; for example, by demonstrating a very close association with the provision of non-HFSS products or goods and services other than food and soft drink.

This is not a big change to broadcast advertising as there are already controls on HFSS brand advertising. However, some of the provisions have changed, so broadcasters and advertisers need to be aware. To access the revised guidance, click here.