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ARTICLE · 11 FEBRUARY 2021

A Victory For Objectivity In HFSS Scheduling Regulation

Global Advertising Lawyers Alliance (GALA)
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In a victory for objectivity, the ASA has recently rejected a complaint against ITV concerning its scheduling of an HFSS ad broadcast during the film, Nancy Drew.

United StatesMedia, Telecoms, IT, Entertainment

In a victory for objectivity, the ASA has recently rejected a complaint against ITV concerning its scheduling of an HFSS ad broadcast during the film, Nancy Drew.

The ad was for McDonald's and had been given an ex-kids restriction by Clearcast. It therefore could not be broadcast around programmes likely to be particular appeal to the under 16's. ITV, McDonald's and its media buying agency, OMD, had all taken considerable care to ensure that the media schedule for the ad was compliant. 

However, one viewer complained to the ASA about the broadcast of the ad during one particular ad spot at 13:50 on Saturday 15th August 2020 during a broadcast of the film on ITV2, which is not a children's channel. This was the fourth occasion on which the movie had been broadcast by ITV over a period of 4 years.  There were 5 other HFSS brands whose products were broadcast during the very same ad break; and a further 23 others whose ads were featured in or around the film on the 4

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