Ban advertising of HFSS on public transport

What is the policy?

This policy focuses on a national rollout of the restriction of all outdoor advertising of HFSS on public transport, as was implemented by the Mayor of London and Transport for London in 2019. 

Specifically, this would require that advertisers who produce, sell, retail, distribute or promote food or non-alcoholic drink must ensure the product featured is HFSS compliant (according to the Nutrient Profile Model). The restriction would apply to HFSS advertising on buses, bus stops, and railway and tram stations.

Recent context

Evidence suggests that advertisement of HFSS foods and drinks can influence food behaviours by changing dietary norms and shifting population-level food and drink preferences. Advertising can influence adult behaviour as well as children’s food choices resulting in pressure being put on parents to buy unhealthy foods. 

The regulation of advertising in the UK is the responsibility of the Advertising Standards Authority (ASA). Advertising laws are established for all of the UK and are not devolved. Accordingly, the context is the same in both Scotland and Wales. 

There are currently no regulations that restrict the advertising of “less healthy” foods outdoors. The United Kingdom currently prohibits the advertising of “less healthy” food and drink products on television during children’s airtime.  Despite this, providers of public transport have the discretion to apply their own guidelines or restrictions to advertising as a business decision.

Welsh Government’s Healthy Weight, Healthy Wales strategy pledged to restrict unhealthy food and drink advertising, sponsorship and promotions in public spaces by 2030. This includes bus and train stations, sporting events, school zones, hospitals and leisure centres.  The Scottish Government’s Diet and Healthy Weight Delivery Plan contains an action to engage with local authorities, transport companies and media agencies to develop a code of practice to restrict the marketing and promotion of HFSS, particularly to children. This has yet to be developed.

Case studies

Advertising restrictions through TfL, London

In 2019, the Mayor of London implemented restrictions on the advertising of HFSS through TfL. This included transport on the London Underground (rapid transit) network, the TfL Rail network, transport vehicles run by TfL (including some buses, trains, and taxis), and outdoor spaces owned by TfL (e.g., bus stops and land outside train stations). 

Per the TfL Advertising Policy, both direct marketing of HFSS products and incidental images of HFSS products in advertisements are prohibited. Brands with more diverse product ranges (e.g., drinks companies) may have low or zero-calorie alternatives that allow continued brand advertising.

Some councils such as Southwark Council have expanded on TFL’s policy by restricting advertising of HFSS and alcohol on council owned advertising sites. Bristol city has become the first UK city to ban ads for unhealthy food and alcohol advertising across the city’s council owned spaces. This includes billboards, the city’s 180 bus stops, social media, and digital screens at any of the council’s venues, including libraries and museums. Whilst Cardiff Council has already implemented a ban on unhealthy food advertising on bus shelters within 200m of schools, Cardiff and Vale of Glamorgan Council are now working together to understand public attitudes towards HFSS advertising in order to develop further restrictions which they say could ban advertising of HFSS on council land and property, including bus stops. 

Considerations for implementing policy

When contemplating a nationwide ban on outdoor advertising of HFSS products across public transport networks, aligning the policy with existing legal and regulatory frameworks surrounding advertising, public health, and consumer protection should be a priority, assessing the need for new legislation or amendments.  Moreover, clear enforcement mechanisms and penalties for non-compliance should be established at a national or local government level to ensure fairness across public transport operators.

Cost and benefits

Total cost savings

Based on analyses conducted by Frontier Economics, this policy would result in a cost saving of xx.

Costs over 5 years

The table below shows a breakdown of costs.  The direct costs to the Government are estimated at a £1 million one-off cost for the set up of the required enforcement infrastructure, and a £x million annual cost for the continued enforcement of the policy [1].  The costs to the food industry are estimated at a £5 million one-off cost for transitioning operations to comply with the policy. Advertising businesses are estimated to face a £659 million cost over 25 years, or ~£26 million per year, resulting from lost advertising revenue to advertisers. 

5-year cost benefit analysis

We commissioned Health Lumen to assess the shorter term benefits of implementing this policy. After five years this policy would see a cost saving to the NHS of xx.  New cases of [insert disease] and [insert disease] would reduce by xx% and xx% respectively.