FOI request detail

HFSS Advertising Ban

Request ID: FOI-2317-1920
Date published: 28 November 2019

You asked

1) How many applications for exemption have you had requested from advertisers since the ban on HFSS came into force across TfL on February 25th this year? 2) For each of the applications for exemption, can you please tell me the name of the advertiser involved, the advertising campaign involved, and what grounds they were appealing for an exemption? 3) For each of the applications of exemption, can you please tell me what the result of the application was? ie. Was the ad allowed to run by TfL?

We answered

Our Ref:         FOI-2317-1920

Thank you for your request received on 1 November 2019 asking for information about applications for exemptions 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 in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require. You asked:
 
1. How many applications for exemption have you had requested from advertisers since the ban on HFSS came into force across TfL on February 25th this year?
 
Since the introduction of the HFSS policy on 25 February 2019 we have received 70 applications for an exception.
 
2. For each of the applications for exemption, can you please tell me the name of the advertiser involved, the advertising campaign involved, and what grounds they were appealing for an exemption?
 
Applications are for products only, so we do not know what advertising campaign that product might subsequently be featured in and this is not tracked.
 
When applying for an exception the client should generally provide evidence about:
• Why their product does not contribute to childhood obesity
• Whether they sell a healthier/HFSS compliant version of the product
• If the item is on the Public Health England sugar & calorie reduction list
• Consumption data showing the product is not generally consumed by children
• Packaging details to show it is not directly marketed at children
 
The names of the advertisers who submit applications is commercially sensitive until the application is approved and the campaign has 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. Please note that we do not hold the name of the advertisers that have been granted an exception, or whether these advertisers have booked a campaign yet.
 
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.
 
Additionally, details on specific applications have been withheld under section 41 of the FOI Act because the information was provided to us on the basis of an understanding that it would be held in confidence and there was no expectation that this information would be routinely made public as some applications are for new product releases. Therefore it possesses the necessary quality of confidence to justify exemption. This exemption is an absolute exemption, which is not subject to an assessment of whether the public interest favours application of the exemption.
 
3. For each of the applications of exemption, can you please tell me what the result of the application was? ie. Was the ad allowed to run by TfL?
 
The results of the applications to date are that 42 have been granted, 21 were rejected, five were for non HFSS products, so did not require an exception, and two are still pending a decision.
 
We have done a lot of work to communicate the changes from the policy and have published guidance on the policy for advertisers and brands to access, so that they have the right information to inform their decision making.
 
We have had some brands that have submitted non-compliant copy and we have been working with them, so that they understand the new policy and are able to amend their copy accordingly, so that it complies and can run as part of a campaign across our network.
 
Many major brands have already significantly reduced the fat, salt and sugar in their products which means that their products comply with our policy guidelines. This is good evidence of how the industry is positively working to make their products healthier and therefore helping to support the Mayor of London’s ambition to improve the health of all Londoners.
 
If this is not the information you are looking for please feel free to contact me.
 
Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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