Our ref:           FOI-0137-1920/GH

Thank you for your request received by Transport for London (TfL) on 9 April 2019 asking for information about applications for exceptions received by TfL from advertisers since the policy restricting advertisements featuring food and drink products high in fat, sugar or salt (HFSS) came into force.
 
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.
 
Childhood obesity is a serious problem facing the capital and the Mayor is determined to do all he can to tackle it. It is not our intention to ban adverts for products which genuinely do not contribute to childhood obesity. Advertisers can request an exception if they can demonstrate a product doesn’t contribute to the problem – for example, if it is not generally consumed by children or could be considered a medicinal product. Such requests will be considered carefully.
 
We have received 14 applications for exceptions from brands that wish to advertise non HFSS compliant products on the TfL network. Of those, we have accepted 4 applications and rejected 3 applications. We have requested more information for the other 7 applications, so decisions are still to be made.
 
The name of the advertiser who submitted these applications, and the campaign to which they relate, is commercially sensitive until the point at which the applications are approved and the campaign have run on our network. Disclosure of this information is therefore subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would be likely to prejudice our ability to achieve best value from our advertising estate.
 
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance the public interest in ensuring that we are able to achieve the best value from our advertising estate outweighs the general public interest in increasing transparency of our processes.
 
Of the four exceptions that we have approved, one has run on our network, which was for Floradix. The product – Liquid Iron Formula – was granted an exception, as it appears to be a product that has information on strict volume controls by age, has medicinal value particularly to those low in iron and does not appear to be marketed towards children.
 
As above, we are unable to disclose information about the other 3 approved exceptions until campaigns for those products run on our network.
 
Please note, a total figure of applications for exceptions will be published in the Advertising Annual Report.
 
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London