Draft guidance on upcoming regulations restricting advertising of less healthy food and drink products has drawn criticism from key figures in the UK retail and advertising sectors, raising concerns about the potential impact on festive marketing campaigns. The new rules, set to be implemented from 1 October, will prohibit the advertising of foods deemed less healthy before 9pm on television and entirely online, as part of measures aimed at tackling childhood obesity.

Archie Norman, chairman of Marks & Spencer, expressed frustration with the regulations during the Retail Technology Show in London, remarking that the restrictions risk “regulating to stop people talking about mince pies.” The legislation in question had been passed under the previous Conservative government, with the goal of reducing exposure of children to advertisements promoting high fat, salt, and sugar (HFSS) products.

The health and social care minister, Ashley Dalton, recently clarified that the rules would only apply to advertisements featuring “identifiable” less healthy food or drink items. However, draft guidance developed by the Advertising Standards Authority (ASA) and Ofcom has been described as not fully aligning with the minister’s remarks. A joint statement on 7 April from the Advertising Association alongside broadcasters including Channel 4, ITV, Paramount, STV, and the marketing body Isba, questioned whether current proposed guidelines corresponded to the legislative intent.

Industry leaders shared their perspectives on the implications of these changes for Christmas advertising, traditionally a key period for promotion of festive food products. Larissa Vince, chief executive of TBWA\London, told Campaign Live: “No-one thinks kids should be targeted by junk food ads. But come on, your average Brit now can’t even contemplate enjoying the odd festive mince pie?” She warned that a total pre-watershed ban on HFSS advertising could have “a calamitous effect” not only on Christmas marketing but also on the wider retail and food manufacturing industries, which are significant employers within the UK economy. Vince also highlighted the uncertainty surrounding how regulators will interpret the government’s guidance, remarking, “we all have our fingers crossed that common sense, balance and clarity are on their way, and fast.”

Lindsey Clay, chief executive of Thinkbox, emphasised the need for the industry to adapt. Speaking to Campaign Live, she noted: “Businesses that make a significant amount of their revenue in Q4 still need to make that revenue, and advertising – especially TV advertising – is a cornerstone of that.” Clay welcomed the health minister’s restatement that brand advertising would be exempt from the new rules but cautioned that legal ambiguities remain. She observed that retail promotions for products during Christmas could be constrained but pointed out that the advertising landscape encompasses much more than food alone, referencing the broader creativity in seasonal advertising efforts.

Stephen Woodford, chief executive of the Advertising Association, commented on the evolving situation: “Christmas ads won’t be dead, but they will look different.” He pointed out that draft guidance suggests brands closely associated with Christmas or those promoting certain festive products might face restrictions on both TV and online advertising, even if items are not explicitly shown. Woodford described this as contradicting the government’s stated intent and underscored the pressing need for clearer final guidance. He referenced Waitrose’s previous Christmas campaign featuring a dessert that might not comply with the draft rules, noting the complexities supermarkets face in showcasing their festive offerings.

Jess Lovell, chief strategy officer at Wonderhood Studios, reflected on the creative challenges posed by the regulations. She acknowledged that while the ban might prevent traditional Christmas fare from featuring prominently in ads, it could drive fresh approaches: “We’ll just have to dig deep and do what we do best. Find creative ways around constraints to deliver an even better answer.” Lovell concluded on an optimistic note that festive advertising would remain “magical” and continue to capture the Christmas spirit despite the new limitations.

As the final guidance from regulatory bodies is awaited, the UK advertising and retail industries are navigating a period of uncertainty about how to effectively promote products during key seasonal periods within the constraints of new public health-focused advertising restrictions.