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<p>In 2019 and 2020, the Government consulted on proposals to further restrict HFSS
advertising on TV and online. We will be publishing the government response to the
consultation shortly, which will set out the future policy direction for both TV and
online HFSS advertising.</p><p>In the 2020 consultation we proposed that the day-to-day
responsibility for applying HFSS advertising restrictions be given to the Advertising
Standards Authority, recognising their expertise and experience in regulating advertising.
Following the current regulatory regime, we propose that breaches would be resolved
in line with current ASA policy of responding to individual complaints and promoting
voluntary cooperation with the restriction.</p><p>If this approach failed or advertisers
were committing repeated or severe breaches relating to HFSS marketing material, they
would face stronger penalties through a statutory backstop. We would envisage that
the backstop regulator would have powers to issue civil sanctions, including the ability
to issue fines.</p><p>We want to ensure that the enforcement powers of the statutory
regulator are designed and used in a way that incentivises compliance and allows for
rapid remedial action. The Government will implement any new HFSS advertising restrictions
across both online and TV simultaneously by the end of 2022, as outlined in the Tackling
Obesity policy published on 27 July 2020.</p>
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