Our Ref:         FOI-3823-1920

Thank you for your request received on 10 March 2020 asking for information about advertisements for products that are high in fat, salt and sugar (HFSS).

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 ads has TfL banned for not being HFSS compliant in the year since the HFSS ban on ads on TfL came into force?

From the 25 February 2019 to 3 March 2020, 22 campaigns have been declined outright as they did not meet the requirements of the HFSS policy.

We have had some brands that submitted non-compliant copy and we have worked 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.
 
2.     How many ads from McDonald's has TfL banned for not being HFSS compliant in the year since the ban came in? Can you give details of the ads banned?
3.     How many ads from Burger King has TfL banned for not being HFSS compliant in the year since the ban came in? Can you give details of the ads banned?
4.     How many ads from Deliveroo has TfL banned for not being HFSS compliant in the year since the ban came in? Can you give details of the ads banned?
5.     How many ads from KFC has TfL banned for not being HFSS compliant in the year since the ban came in? Can you give details of the ads banned?

The names of the advertisers that did not run, and the campaigns to which they relate, is commercially sensitive until the point at which the applications are approved and the campaigns 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 as well as affecting advertisers who wish to advertise on our estate. This information could potentially be obtained and utilised by the applicants’ competitors who may wish to use this information to gain knowledge of current and future plans, adversely affecting their ability to operate in a competitive market place.
 
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.
 
6.     How many applications for exemption have you had requested from advertisers since the ban on HFSS came into force across TfL in the year since the ban came in?

Since the introduction of the HFSS policy on 25 February 2019 we have received 71 applications for an exception.

7.     For each of the applications for exemption, can you please tell me the name of the advertiser involved and what grounds they were appealing for an exemption?

The names of the advertisers who submit applications is commercially sensitive until the application is approved and the campaign has run on our network. As stated above, disclosure of this information is therefore subject to a statutory exemption to the right of access to information under section 43(2). Please see our arguments above regarding the application of section 43(2).
 
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.

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
 
8.     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 33 have been granted, 25 were rejected, 11 were for non HFSS products, so did not require an exception, and 2 are still pending a decision.

If this is not the information you are looking for please feel free to contact me.
 
Please note, the Government has announced a series of measures to tackle the Coronavirus. It is essential for London, and in particular for all critical workers, that we continue to provide a safe transport network that enables them to make the journeys they need to.

In current circumstances, we are not able to answer FOI requests readily and we ask that you please do not make a request to us at present.

Answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. In any event, please note that our response time will be affected by the current situation.

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]