Food advertising
Produced in partnership with Katrina Anderson of Osborne Clarke

The following TMT practice note produced in partnership with Katrina Anderson of Osborne Clarke provides comprehensive and up to date legal information covering:

  • Food advertising
  • Regulatory regime overview
  • Food Information Regulation
  • Nutrition and Health Claims Regulation
  • Food Safety Act 1990
  • Consumer Protection from Unfair Trading Regulations 2008
  • CAP and BCAP Codes
  • General considerations regarding food advertising
  • Health and nutrition claims
  • General rules
  • More...

Food advertising

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

  1. Regulatory regime overview

  2. General considerations regarding food advertising

  3. Health and nutrition claims

  4. Health claims—specific rules

  5. Nutrition claims—specific rules

  6. Advertising food to children

  7. Developments regarding HFSS product advertising restrictions

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.

Regulatory regime overview

Food advertising is governed by a mix of UK law and self-regulatory advertising codes, summarised below.

Food Information Regulation

Regulation (EU) No 1169/2011 (OJ L 304/18) on the provision of food information to consumers, the EU Food Information Regulation seeks to ensure that consumers have the information they need to make informed and healthy food choices, to ensure they are not being misled, and to protect those with food allergies and intolerances by providing them with sufficient and clear information to make safe food choices. It sets out mandatory requirements in respect of food labelling.

The EU Food Information Regulation (as amended) was converted into UK law as retained EU law and continues

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