Lidl and Iceland Foods have become the first retailers to have adverts banned under the UK’s tightened restrictions on the promotion of less healthy food, marking an early test of the new regulatory regime.
The clampdown, enforced by the Advertising Standards Authority (ASA), has been in place since January 5, prohibiting junk food advertising on TV before 9pm and across paid online channels at any time of day.
In one ruling, Lidl’s Northern Ireland arm was found to have breached the rules after partnering with influencer Emma Kearney, known online as Baby Emzo, to promote its bakery range on Instagram. The post featured a tray of pain suisse pastries – a product classified as “less healthy” under the new guidelines – prompting a complaint to the regulator.
Lidl Northern Ireland confirmed Kearney’s post was a paid ad, the placement of which was arranged through their marketing agency.
Lidl said their intent had been for the ad to be brand-led. However, they accepted that the combination of visual close-ups and verbal descriptions of the Pain Suisse and Cheese Pretzel could have led consumers to identify that the ad was for those products individually.
They confirmed that the Pain Suisse was classified as a food that was high in fat, salt or sugar (HFSS). However, the Cheese Pretzel was not. They provided detailed nutrient profile calculations for both products.
Meanwhile, Iceland faced action over a digital display and banner campaign that appeared on the Daily Mail website. The advert featured a range of confectionery lines, including Swizzels Sweet Treats, Chupa Chups Laces and Haribo Elf Surprises, all of which are considered non-compliant under the new rules.
The frozen food specialist said it had been working to strengthen its compliance processes, including commissioning a third-party data provider to compile monthly nutritional profiles across its product range. However, it acknowledged gaps in supplier-provided data, with the ads in question slipping through before full checks were in place.
The ASA upheld both complaints, ordering the removal of the adverts and warning the retailers to ensure future campaigns do not feature products that breach HFSS advertising restrictions.