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ARTICLE · 21 FEBRUARY 2024

HFSS Newsletter | February 2024

Osborne Clarke LLP
Osborne Clarke LLP
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Osborne Clarke LLP

Osborne Clarke LLP

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Despite the delay in implementing marketing and advertising restrictions for products high in fat, salt or sugar (HFSS), there have been some important developments in relation to HFSS.

GlobalMedia, Telecoms, IT, Entertainment

ASA rules on targeting under 16s and is appointed by Ofcom as regulator, and health and nutrition claim breaches

Despite the delay in implementing marketing and advertising restrictions for products high in fat, salt or sugar (HFSS), there have been some important developments in relation to HFSS.

ASA takes action against ads targeting HFSS products at children

The Advertising Standards Authority (ASA) recently  ruled against Burger King regarding its direct email marketing which advertised HFSS products. The public health campaign group, Food Active, challenged the email ads, on the basis that they were HFSS products targeted at children.

The ads included promotions for discounted meal deals and "buy one get one free" offers. Food Active argued that both the selection of media and the context in which the ads appeared violated the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), which prohibits HFSS product ads directed at

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