Food advertising
Produced in partnership with Katrina Anderson of Osborne Clark
Food advertising

The following Local Government guidance note Produced in partnership with Katrina Anderson of Osborne Clark provides comprehensive and up to date legal information covering:

  • Food advertising
  • Legislative framework
  • General considerations regarding food advertising
  • Health and nutrition claims
  • Advertising to children

This Practice Note considers the law and practice in relation to food advertising to consumers, including:

  1. Legislative framework

  2. General considerations regarding food advertising

  3. Health and nutrition claims

  4. Advertising food to children

It focuses on the specific requirements for food advertising (as opposed to advertising in general). For more details on advertising generally, see Practice Note: Advertising law and regulation.

It does not consider food labelling requirements, which have their own regulatory regime, other than insofar as they are considered to be advertising by the Advertising Standards Authority (ASA). For information on food labelling, see Practice Note: Food information and food labelling law.

Legislative framework

This area is governed by a mix of EU law, UK law and self-regulatory advertising codes. The key pieces of legislation are:

  1. Consumer Protection from Unfair Trading Regulations 2008 (CPUTs) (see Practice Note: Unfair trading with consumers: Consumer Protection from Unfair Trading Regulations 2008)

  2. Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC)

  3. Regulation 1924/2006 on nutrition and health claims made on foods

  4. UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code)

General considerations regarding food advertising

In addition to the general prohibition on misleading commercial practices (which includes advertising) in the CPUTs, there is a specific prohibition on misleading advertising for