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Retail, Food, and Hospitality Regulatory Update 22 September

24 September 2019
Retail, Food, and Hospitality Regulatory Update w/e 22 September: Progress report on sugar reduction, toolkit for healthier out-of-home food, and Aldi complaint about Tesco comparative advertising.

Important Updates

Advertising ruling - Gender stereotyping but is it likely to cause harm or widespread offence? On 14 June 2019, Code rules 4.9 (CAP Code) and 4.14 (BCAP Code) were introduced following a review during which the ASA carried out research into gender stereotyping in ads and state that ads “must not include gender stereotypes that are likely to cause harm, or serious or widespread offence”. The Advertising Standards Authority has rejected a complaint by three unnamed complainants that TV advertising for Heineken that featured two young Australian men on a beach giving spoof advice to a telephone caller asking how to delay his girlfriend from moving in with him by doing DIY jobs and wearing a tool belt when they met was using a gender stereotype of men being reluctant to commit to progressing relationships. They ruled it wasn’t likely to cause harm, serious or widespread offence and thus did not breach the code. View >

ASA uphold Aldi complaint re Tesco comparative advertising: 
The Advertising Standards Authority has upheld one of three complaints by Aldi re Tesco basket price comparisons.  The complaint was upheld on the basis that the advertisement did not make clear that the comparisons did not apply across all Tesco store formats. View >

‘Progress’ report on product reformulation to reduce sugar: 
Public Health England has published a report on the progress of sugar level reductions in food by reformulation from 2015-18. The specific ambition set for the sugar reformulation preprogramme was to reduce the average sugar content of products overall, and for individual food categories, by 20% by 2020. Between 2015 and 2018 there has been an overall 2.9% reduction in average sugar content (sales weighted average in grams per 100 grams) among retail and manufacturer branded products (in-home sector). More progress has been achieved in specific food categories, particularly for breakfast cereals (8.5% reduction), and for yogurts and fromage frais (10.3% reduction). The average sugar content (simple average per 100 grams) of products purchased from the out of home sector has also reduced (by 4.9%). The picture is different for the average calorie content of products likely to be eaten by an individual on a single occasion.

For the in-home sector overall, there has been no change in the sales weighted average since 2015, but the simple average has increased for the out of home sector by 1.8% since 2017. The average sugar content of drinks subject to the Soft Drinks Industry Levy (SDIL) decreased by 28.8% between 2015 and 2018 (measured in sales weighted average grams per 100ml). This percentage decrease is much greater than that seen for the food categories included in the sugar reduction programme.  View >   View >  Food Standards Scotland >  View >  View >  Sustain >  Food and Drink Federation >

Toolkit for healthier out of home food consumption launched:
 Public Health England (PHE) have developed a toolkit to support local councils and independent food businesses in helping children and families to choose healthier food. View >


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