The Advertising Standards Authority ("ASA") launched a consultation on 13th December 2023, in respect of proposed changes to the UK Advertising Codes (CAP and BCAP) arising from new restrictions on advertising less healthy food and drink introduced by the Health and Care Act 2022. 

Ofcom is the statutory body for the framework under which the new regulations will sit, and has previously appointed the ASA as a ‘co-regulator' to be responsible for front line enforcement. We previously reported on the new restrictions here and on Ofcom's statement on its approach to implementing the rules here.  

The ASA's consultation seeks responses on three areas: (i) Guidance on the less healthy product advertising rules; (ii) New rules reflecting the less healthy product advertising restrictions; and (ii) Consequential amendments to the existing advertising codes and guidance.  It will run until 7 February 2024 and can be found here. 

We also still await an update from government following its consultation on the draft regulations defining ‘less healthy’ products and the exemptions, which closed on 31 March 2023.

The changes will take effect from 1 October 2025.