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The Advertising Standards Authority (ASA) has published its first four rulings following the new healthy food and drink regulations.<\/p>\n
The rules came in to effect at the beginning of this year and ban adverts for less healthy food items from appearing on TV before watershed hours or in paid online media at any time. The regulations were introduced to lower the general publics exposure to unhealthier food choices.<\/p>\n
The watchdog investigated ads from Lidl Northern Ireland, Iceland Foods, German Doner Kebab and On the Beach.<\/p>\n
Chief executive at the ASA Guy Parker said: \u201cAs the ad regulator, our role is to remain impartial and independent, making sure our new LHF rules, which reflect the law, are applied fairly and consistently.<\/p>\n
\u201cThese initial rulings are an important step in building a clearer picture of how the rules are applied in reality. We\u2019ll be continuing to play our role in administering and enforcing them, including by using tech-assisted proactive monitoring.\u201d<\/p>\n
German Doner Kebab<\/strong><\/p>\n The ASA investigated an Instagram post by John Fisher (itsbigjohn1) for GDK Romford. It was posted on 13 January 2026 and shows Fisher in front of a store.<\/p>\n A voiceover on the reel stated: \u201cA brand new store, German Doner Kebab, bang in the heart of Romford. Let\u2019s go and have a look\u201d.\u00a0 He was the shown walking up to the stores counter and ordering an Inferno OG chicken, a rice bowl with chicken and a doner burrito.\u00a0 He tasted all three items and left the restaurant.<\/p>\n Another voiceover said: \u201cAnd I forgot the most important thing: tomorrow is a giveaway. 11am until 1pm, German Doner Kebab here in Romford are giving away 100 free Junior OG kebabs.\u201d<\/p>\n The caption on the ad stated: \u201c@GermanDonerKebabUK has landed in the hometown with a BOSH. Plus, GDK Romford will be giving away 100 FREE OG JR Kebab tomorrow from 11AM-1PM. First come, first served so be quick. #GDKRomford #BurritoBosh Ad\u201d.<\/p>\n It was challenged by a complaint on the grounds that the marketing drive may be a paid ad for an less healthy food item on the internet.<\/p>\n German Doner Kebab responded to the ASA\u2019s investigations highlighting that it intended for the post to highlight a selection of menu items that were not high in fat, salt or sugar.<\/p>\n It added that when it planned the video\u2019s content with a marketing agency, it had selected a list of menu items that Fisher could and could not chose based on whether they were high in fat, sugar or salt.<\/p>\n The firm also provided the ASA with the nutrient calculations for the options shown in the ad.<\/p>\n The ASA did not uphold the ruling, stating it did not find the ad to be in breach of CAP Code rule 15.19 (Place of less healthy food and drink product advertisements online).<\/p>\n Iceland<\/strong><\/p>\n A banner ad and display ad for Iceland food were investigated by the ASA for breaching the healthy food regulations.<\/p>\n The adverts were seen on the Daily Mail website on 12 January 2026. On the banner ad there were images of the retailer\u2019s Luxury Aberdeen Angus Beef Roasting Joint, 12 Iceland vegetable spring rolls, Swizzels Sweet Treats and a pack of 8 Iceland sticky chicken skewers.<\/p>\n Text on the banner ad read: \u201cIceland & the food WAREHOUSE\u201d and the price of the products were printed underneath each image.<\/p>\n The display ad featured the same text as the banner ad and contained images of \u00a0a Luxury Aberdeen Angus Beef Roasting Joint, a tube of Pringles Sour Cream and Onion crisps, a tub of Lurpak spreadable butter, a packet of Chupa Chups Laces, a bag of Chooee DiscoStix and a bag of Haribo Elf Surprises.<\/p>\n Each image also had the price of product included.<\/p>\n The ads were challenged by not for profit Bite Back on the basis they broke the governments new legislation on advertising less healthy food products.<\/p>\n Iceland responded to the complaint stating it had paid an ad network to issue ads on their behalf. It said that the ads were targeted at consumers who had visited the supermarket\u2019s website but hadn\u2019t completed a purchase.<\/p>\n According to the retailer, prior to the introduction of the regulations it had asked its suppliers to provide them with nutrient profile information for its online product range.<\/p>\n However, it noted that there were gaps in its data. As such it asked a data provider to compile nutritional information for all the items on the Iceland website on a monthly basis.<\/p>\n This information was available to the ad network that placed the ads.<\/p>\n The retailer reported that Swizzles Sweet Treats tub, Chupa Chups Laces, Chooee Disco Stix and Haribo Elf Surprises were all classified as high in fat, salt and sugar products.<\/p>\n The nutrient profile information also showed that Pringles Sour Cream & Onion crisps were not classified as an high in fat, salt and sugar item.<\/p>\n The watchdog upheld the ruling as the ads breached CAP Code (Edition 12) rule 15.19 (Placement of less healthy food and drink product advertisements online). It told the retailer that the ads must not appear again the form complained of.<\/p>\n Lidl Northern Ireland\u00a0<\/strong><\/p>\n An Instagram post from influencer Emma Kearney was banned by the body after a complainant challenged whether the ad was a paid ad for an identifiable less healthy food product placed on the internet.<\/p>\n The advert was seen on 8 January 2026 and shows Kearney at a Lidl store.<\/p>\n In a voiceover for the ad she said: \u201cJust when you thought the Lidl bakery couldn\u2019t get any better, they\u2019ve launched their bakery special guests. So this means that they have two new bakery items landing every month, but they\u2019ll be in store for a limited time only, so run and try them before they\u2019re gone.\u201d<\/p>\n A close up of a tray of cheese pretzels was shown, followed by a shot Kearney placing one in a bag. She was then shown holding two bakery bags with the display in the background.<\/p>\n Another voice-over said:\u00a0\u201cI went in this morning and there was none of the Pain Suisse left [\u2026]\u201d.<\/p>\n A follow up shot, showed the tray of Pain Suisse being refilled.\u00a0Kearny then said: \u201cAnd they came out so fresh. They were warm, they were absolutely stunning\u201d.<\/p>\n The caption stated: \u201cPeople Special guests have arrived at Lidl bakery! @lidlni will have 2 new bakery items landing EVERY MONTH but they will be in-store for a limited time only so run to try to get them before they\u2019re gone. In store now Limited time only #AD\u201d.<\/p>\n Lidl confirmed that the post was an ad paid for by them, which was arranged through its marketing agency.<\/p>\n The budget supermarket stated that it intended for the ad to be brand-led but it acknowledged that the close ups of the cheese pretzels and Pain Suisse could had led customers to think the ad was those products specifically.<\/p>\n It confirmed that the Pain Suisse was classified as being high in fat, salt or sugar. However, the Cheese Pretzel was not.<\/p>\n According to the watchdog, the ad breached the CAP code and was therefore banned.<\/p>\n On The Beach<\/strong><\/p>\n A TV ad for holiday from On the Beach was investigated by the watchdog. The ad was seen on 7 January before 9pm.<\/p>\n It followed a family arriving at the airport. A voiceover said:\u00a0\u201cLook at \u2018em go. Booking geniuses. They booked a five-star holiday and got free airport lounge access.\u201d<\/p>\n A father and son were shown approaching a bar, followed by a shot of the son taking a chocolate doughnut and some grapes from the bar.<\/p>\n It continued: \u201cFill your boots, son. Slap on your best smug face. This holiday\u2019s gonna be a belter. Get free airport lounge access on 2026 five-star holidays with On The Beach. Book it now. ABTA and ATOL protected.\u201d Large on-screen text at the end stated, \u201cOn the Beach FREE LOUNGE\u201d.<\/p>\n On the Beach responded to the investigation stating the promotional message of the ad was for the overall holiday experience when booking with On The Beach and the doughnut appeared incidentally. It added that it believed the average consumer would understand this.<\/p>\n The ASA did not find it breach of the CAP code.<\/p>\n