HFSS and CFBAI regulations: Are kids still being bombarded with ‘junk food’ TV ads despite tougher regulations?

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Reducing children’s exposure to the advertising of so-called ‘unhealthy’ foods and beverages has been touted by the World Health Organization (WHO) as a key strategy to reduce childhood obesity. According to the health watchdog, more than 41 million children under the age of five were classed as overweight or obese in 2020.

So, just how effective has limiting kiddies’ exposure to food-related advertising on TV been since the launch of the US’ self-regulatory Children’s Food and Beverage Advertising Initiative (CFBAI) and the HFSS (high in fat, sugar and salt) regulations in the UK?

A study published in JAMA Network Open sheds light on the trends in this area, offering insights that could guide industry practices and marketing strategies.​

Significant decline

TV toddler breakfast cereal panic_attack gmevi

Pic: GettyImages/panic attack gmevi

According to the researchers, between 2013 and 2022, there was a significant decline in the number of food-related adverts seen by American children on TV.

For those between two and five-years, the number of ads dropped by 77.6%, from 4,611 ads per year to 1,035. For kiddies between six and 11-years, there was a 78.5% decrease (from 4,860 to 1,046 ads per year).

Similarly, since the introduction of the HFSS regulations, research indicates there has been a 70% reduction in British children’s exposure to such ads during the hours when the regulations are in effect.

The decline in exposure is seen as a direct result of these restrictions, although the total impact also depends on shifts in advertising to other platforms in the US, such as online and streaming services. This decline was even more pronounced in children’s programming, where ad exposure decreased by over 95% for both age groups, said the study’s authors.

Despite this reduction, the study found children are still exposed to a considerable number of food-related ads annually, with many of these ads promoting products high in nutrients to limit (NTL), such as saturated fat, trans fat, sugars and sodium. For instance, in 2022, American children aged between two and five saw 68.9% of food and beverage adverts on all programming that were high in NTL, while children aged six to 11 saw 68.4% of similar ads.

Even on children’s programming, where one might expect more stringent controls, 63.9% of ads seen by the younger group and 60.6% by the older group promoted unhealthy products, claimed the authors.

CFBAI versus HFSS

The Children’s Food and Beverage Advertising Initiative (CFBAI) is a voluntary self-regulatory program created by major food and beverage companies in the US to limit the marketing of unhealthy foods to children under 12. Participating companies pledge to advertise only healthier products or not to advertise to children at all. Critics argue that because CFBAI is voluntary, it has limitations in scope and enforcement. Not all companies participate and the criteria for what constitutes a ‘healthier’ product can vary.

The UK introduced stricter rules on advertising HFSS (high in fat, sodium and sugar) products, particularly on children’s TV programming and during times when a high proportion of the audience is likely to be children. The rules aim to reduce children’s exposure to unhealthy food marketing. Similar to the US, while TV exposure has decreased, concerns remain about children’s exposure to HFSS marketing through digital channels, which are less regulated.

Self-regulation versus legal compliance

Young girl holding doughnuts Getty Siarhei SHUNTSIKAU

Pic: GettyImages/Siarhei SHUNTSIKAU

While the Children’s Food and Beverage Advertising Initiative (CFBAI) in the US has made strides in improving the nutritional content of advertised products, the majority of food-related ads still promote products high in NTL.

In 2014, the CFBAI introduced uniform nutrition criteria aimed at limiting calories, saturated fat, sodium and total sugars in child-directed advertising; criteria that were further revised in 2020. However, despite these efforts, more than half of the ads seen by children in 2022 were still for products that exceeded recommended NTL limits.

Across the pond, the effectiveness of the HFSS regulations in the UK is a topic of ongoing debate. While early evidence suggests the regulations have led to a reduction in the number of HFSS food and beverage adverts seen by kids on TV, there is concern the decline in TV advertising is being offset by increased marketing on digital platforms, social media and other non-broadcast media.

From October 2025, the HFSS regulations for online advertising are set to be enforced. The implementation was initially planned for earlier but has been delayed multiple times to give businesses more time to adjust to the new rules. These regulations will significantly limit the promotion of ‘unhealthy’ food and drink products on digital platforms where children are likely to be exposed, including websites, social media, mobile apps and games.

It’s still too early to see the clear impact of HFSS on childhood obesity rates though. Obesity is influenced by a range of factors, including diet, physical activity and broader social determinants of health, so the regulations are just one part of a multifaceted approach needed to tackle the issue.

There have also been some challenges in enforcing the regulations the food and beverage industry has argued they are too restrictive. In fact, some companies have found ways to adapt their marketing strategies to skirt the regulations without technically violating them.

The racial disparity

Obese Black kids Getty simplehappyart

Pic: GettyImages/simplehappyart

The study also found significant racial disparities in exposure to food-related television advertising with Black American kids  exposed to substantially more food-related ads than their white peers. In 2022, Black children between two and five-years saw 58% more ads, while those aged six to 11 saw 72% more ads than white children. This disparity persisted despite similar proportions of ads for unhealthy products across racial groups.

This points to the need for targeted interventions to reduce the disproportionate impact of ‘unhealthy’ food advertising on minority populations. This means developing marketing strategies that are both ethically responsible and sensitive to these disparities, perhaps by promoting healthier options in communities that are most affected by such advertising.

On a wider scale, this proactive approach not only protects children’s health but also positions companies as leaders in the industry, setting a standard that others may follow.

And with growing scrutiny on food advertising to children, adopting ethical advertising practices isn’t just a regulatory concern but also a business opportunity. By promoting products that support a healthy diet, producers can differentiate their appeal to health-conscious parents across all realms.

While the decline in children’s exposure to food-related advertising on TV is a positive trend,  the persistent promotion of unhealthy products remains a concern.

For bakery and snack producers, the challenge is clear: improve the nutritional content of products and market them responsibly. In doing so, producers can play a pivotal role in shaping a healthier future for the next generation.

Study:

Trends in Children’s Exposure to Food and Beverage Advertising on Television​

Authors: Lisa M. Powell, Julien Leider, Rebecca M. Schermbeck, et al

JAMA Netw Open. 2024;7(8):e2429671

doi:10.1001/jamanetworkopen.2024.29671​

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