UK: New rules on product placement prohibit HFSS food and drink

On 9 February,  following a public consultation on product placement, Secretary of Culture Ben Bradshaw made a statement announcing the government’s decision to “allow television product placement in a way which will provide meaningful commercial benefits to commercial television companies and programme makers while taking account of the legitimate concerns that have been expressed.” However, the new rules prohibit the product placement of HFSS food and drink products.

Following the EU directive, product placement will now be allowed in “cinematographic works, films and series made for television or on-demand services, sports programmes, and light entertainment programmes.” 

With regard to advertising, Mr. Bradshaw stated the following:

“The [EU] Directive prohibits the placement of two specific types of product, that is tobacco products (as well as any other placement by or on behalf of a company whose principal activity is the manufacture or sale of tobacco products) and prescription medicines.  The Government has decided to move significantly beyond this.  Our legislation will specifically prohibit the placement of products and services in the following categories:
alcoholic drinks;
foods and drinks high in fat, salt or sugar;
gambling;
smoking accessories;
over-the-counter medicines; and
infant formula and follow-on formula.

“The Directive contains a ban on product placement in ‘children’s programmes’, and our legislation will enact that.  However, children’s viewing is not confined to children’s programmes.

“An alternative to a ban on placement of HFSS foods and alcohol might have been restrictions of some kind on their placement in shows which have a large child audience, or which are shown before the watershed.  But this would be complex to administer and would not provide the certainty which the Government seeks.”

“In the circumstances we intend to legislate for a complete bar on placing these products.  This as an important aspect of the cautious approach that we need to take.”  

The regulatory change will allow Ofcom to permit product placement under its Code regulating the content of TV programmes. Ofcom will run a public consultation on the detailed changes to this Code before these can come into effect.  We understand that these changes will be completed later this year.

Source: Advertising Education Forum