Junk food ad restrictions could limit retailers’ social media, according to the Association of Convenience Stores (ACS) which has highlighted concerns that local shops may be unfairly targeted under the new rules.
The UK-wide policy plans to restrict paid-for online advertising for food which is high in fat, salt or sugar (HFSS) and introduce a 9pm watershed for television adverts promoting those products. All on-demand programme services (ODPS) under UK jurisdiction will be included in the TV watershed for HFSS advertising.
Following a delay in implementing the restrictions, these regulations are now expected to come into effect in October 2025.
The draft regulations – which are currently under consultation to ensure they are clear, unambiguous and can be implemented effectively – aim to address childhood obesity, which the government describes as “one of biggest health problems this nation faces”.
It goes on to say that reducing children’s exposure to TV and online adverts for HFSS food and drink forms an important part of its aim to halve childhood obesity by 2030 as it ensures that the media children engage with most “promotes a healthy diet.”
The ACS responded to the ongoing consultation amid concerns that local convenience shops may be unfairly targeted under the new rules, urging the government to extend its exemption to include all businesses with 249 employees or fewer based on the employee count of the individual business.
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Currently, businesses with 249 employees or fewer are exempt from the restrictions, but the legislation does not treat independently-owned franchises – such as convenience retailers – as a separate business.
The ACS states that “independent retailers trading under symbol group brands should not be considered large businesses”, adding that introducing further restrictions would “penalise small businesses who use the online space to market their business”.
It went on to say that: “Convenience retailers have an important role to play in promoting healthy eating and ensuring that healthy products are available for customers and we support ambitions to reduce obesity. However, we do not believe that the proposed advertising restrictions on products high in fat, salt and sugar (HFSS) would be effective in reducing obesity.”
ACS chief executive James Lowman said the association was concerned that the proposals to restrict HFSS advertising will “negatively and disproportionately impact local shops who use the online space to market their business”.
“Social media is a common tool used by retailers to communicate with their customers about the products and services that they have available in store.”
He also pointed out that in other areas of government policy, a retailer trading under a symbol group is recognised as a small business based on the number of employees in that individual business, but this isn’t the case with the HFSS restrictions.
“The inclusion of symbol group operators under a broad umbrella term of a franchise agreement will result in thousands of small convenience stores being unfairly penalised by the restrictions as it will undermine their ability to reach their local customers and trade competitively.”
Responses to the consultation will be reviewed and draft regulations will be revised before they are bought before parliament.
