HFSS Seminar: FAQ Section

Q: What is the HFSS policy?

A: HFSS stands for High Fat, Salt and Sugar. The policy is a ban on all HFSS food products and non-alcoholic drinks being advertised on TfL estate (including London Underground and bus shelters). Wording from the policy states:

‘An advertisement will be unacceptable if it promotes (directly or indirectly) food or non-alcoholic drink which is high in fat, salt and/or sugar (HFSS), according to the Nutrient Profiling Model managed by Public Health England. It is for the advertiser to demonstrate (in case of any doubt) that any product is not HFSS, and/or that an advertisement is not promoting HFSS products, and/or that there are exceptional grounds.’

Q: Why the restrictions?

A: London has the worst rates of childhood obesity for any city in Europe. This has a huge impact on the already strained NHS and economic productivity. Studies show that obesity disproportionately affects children from poorer backgrounds.

Knowing that advertising can influence children’s food choices, the Mayor London Sadiq Khan decided to bring the ban into place as part of the London Food Strategy.

The ban has had overwhelming support from Londoners having been put into place from February 2019.

Q: How is the policy regulated?

A: The policy is regulated via The UK Nutrient Profiling Model (NPM) which used to recognise ‘less healthy’ foods and drinks. The NPM uses a scoring system based on 100g to identify ‘less healthy’ foods and non-alcoholic drinks.

The NPM was developed by the Office of Communications (Ofcom) in 2004, and has been used since to regulate all broadcast media since the restrictions came into force in April 2007, and for non-broadcast media (including print, cinema, online and in social media) since July 2017.

Q: Are there exceptions to the regulations?

A: Remember, the aim of the HFSS policy is to reduce the exposure of unhealthy foods/drinks to London’s children. However, to ensure the policy does not have any unintended consequences, or if brands believe their HFSS products do not contribute to childhood obesity and HFSS diets, there is an opportunity for brands to apply for an exemption. This is to address some of foods which would’ve automatically failed the Nutrient Profile Model based on face value (e.g: Pesto).

Q: I want to apply for an exemption for my product. How do I do this and what do I need?

A: Brands should email TfLHFSSQueries@tfl.gov.uk to request a form, where you will need to detail why your product should be exempt. Brands are encouraged to apply for exemptions straight away, and not wait until creative is ready. TfL will endeavour to turn the decision around as soon as possible.

Q: What criteria do you use to assess exemptions?

A: Once an exemption has been submitted, the following 4 questions will be asked:

1) Is there a healthier option?

2) Is the product on Public Health England’s sugar or calorie reduction list?

3) Does the product contribute to HFSS diets in children and/ or is the product generally consumed by children?

4) Does the presentation of the product appeal to children? (Use of colours, cartoons, toys etc)

Exemptions are handled on a case-by-case basis,

Q: My product has been exempt from the policy. How does this affect the creative?

A: All creative, whether it has been exempt or not, is still subject to TfL’s advertising policy.

Q: What about products such condiments or spreads, where it is unlikely the consumer will be using 100g each time. Are they exempt?

A: No, portion size doesn’t count, as the policy always measures the nutrient profile of the product based on 100g to ensure consistency across the board. The policy looks at what the product is made up of, not the quantity.

Q: Does the ratio of people to product matter? For example, if I have 15 chicken nuggets shared between 15 people, would that be taken into consideration in the assessment?

A: No, the number of people in the advert would be irrelevant, as the assessment is based purely on the portion-size of the product itself, and the nutrient profile per 100g of the product being advertised.

Q: What about products that are deemed for adults, such as take-away services? Do they come under the ban?

A: If the advertisement for the take-away service is showing a product which is HFSS, then this would come under the ban. This is because children have influence on house hold purchase decisions, and if a take-away service shows an unhealthy option, this could potentially shape a HFSS diet for the child.

Q: How can you prove which products are consumed by adults, and which ones by children?

A: Brands who are advertising a HFSS product are required to show data which prove their consumers’ ages.

Q: What if my brand sector is non-food related (e.g: banking and finance) but still shows a HFSS product on its advertisement?

A: Any non-incidental use of a HFSS product is still subject to the ban. If an advertisement is not specifically advertising an unhealthy food/drink, but still features a HFSS product, it may be rejected on the basis that it promotes the consumption of HFSS products.

Q: With the current nature of advertising, where campaigns are more automated and being executed in real-time, how can we make sure we have enough time when ensuring HFSS compliance?

A: There are still a few hurdles to overcome regarding this, but brands are encouraged to get in touch with TfL sooner in the planning process, rather than later, to ensure we can navigate this with ease.

Q: As OOH is such a powerful and influential medium, is there any plan in the future to promote exercise and healthy eating?

A: There is no immediate investment for this, but this is being looked into by the Mayor of London.