HFSS
THE OPPORTUNITY
UK advertising restrictions come into force for HFSS brands next year. How brands can get creative to tackle the HFSS ad ban?
A total ban on paid-for UK advertising is coming for HFSS brands in late 2022 – primarily in the name of tackling childhood obesity. This Guardian article sums it up neatly.
An estimated sales loss of up to £192m has been predicated for brands who fall under the HFSS banner. According to figures reported by The Grocer, 50% of the total HFSS marketing spend in the UK will be affected. And although these restrictions will cause chaos for brands affected, it doesn’t have to mean forfeiting sales, profile or brand equity.
Now we know the problem.
What are we going to do about it?
There are many ways to overcome this roadblock, and yes, sometimes the most difficult roads do lead to the greatest destinations. Just look at the alcoholic beverage industry – it’s been tied by legislation for years, yet it’s still booming, having built better engagement through new and interesting ways to market.
Seen as an opportunity for change and reinvention, the HFSS ad ban has opened new doors for brands to make new connections with consumers, to rebuild brand foundations, to explore different marketing avenues and to be heard in the marketplace. Now is the time for HFSS brands to re-evaluate, explore other ways to tell their story that create emotional consumer connections.
Brand-owned media is powerful: so powerful that 92% of consumer trust brand-owned media, while only half of consumers trust paid ads. And leveraging it means brands can create impactful campaigns without the considerable spend incurred by paid media; it’s a win-win. Through owned media brands can build trust and cultivate a personal and emotional connection with consumers. DTC brands have been doing this successfully for years…
A brand’s packaging design is the only form of marketing seen by 100% of consumers who make the decision to buy. It doesn’t need to be complex, Limited Edition packaging designs, supported by social and audio channels? The closer to the point of purchase, the simpler it should be for the consumer to connect: see it, buy it. Look at Skittles, after decades of mono format, they started introducing new textures with Chewies, Giants and now Squishy Cloudz. Each launch the most successful category NPD of that year, bringing new people to the brand.
Augmented reality is already mainstream, with Snap use creating 5 billion AR snaps a-day. Leveraging AR packaging designs can literally jump off the shelf. Take Treasury Wine Estates’ brand, 19 Crimes employs augmented reality using the Living Wine Label app to bring storytelling to life. With a quick smartphone snap of the label, customers are transported back in time to explore the Barossa Valley and learn more about how the wine was made. AR pioneers Snap believe AR is going to be Big Business For Retailers creating captivating brand activations to building authentic, memorable connections with consumers.
A rise in audio branding through podcasts and radio is likely, with a shift in investment as these aren’t included in the ban. Podcast listenership in the UK has been increasing year-on-year, reaching an estimated 15.6 million listeners in 2020 and continuing to grow. I can hear intel dusting off the chimes.
Cast your mind back to Superbowl 2013, when Oreo saw their chance on social and took it. Within seconds of the stadium’s lights going out due to a power cut, the Oreo social team tweeted a message that generated over thirteen thousand retweets in a matter of hours: #youcanstilldunkinthedark.
Ambush marketing, a tactic that sees brands ride on the coat tails of significant events or campaigns without paying for sponsorship, is cheeky but can unlock spectacular results. Beats by Dre skirted Olympic rules with a smart campaign making it one of the most prominent brands of the 2012 London Olympics, building on the success they had with the US basketball team in 2008.
Is the HFSS ad ban your chance to make a splash in the health-conscious market with some clever product reformulation or NPD? Covid prompted a global conversation about health, leading consumers to healthier snack alternatives, according to this Snack Trends Report. Now, household names are shifting the focus of their product marketing: Tesco aims to increase the proportion of sales from healthier products to 65% by 2025, and Kellogg’s is vowing to cut sugar by 10% and salt by 20% in cereals. Adding a health forward product to the range that can be marketed could still halo in the wider range.
Because OOH rules remain unchanged by the new rules, it will still be possible to take to the streets to create an immersive experience, like McDonald’s, which set up a walk-thru billboard allowing customers to grab a free McFlurry.
TV ads are still allowed for the brand, but must not display the product. Just think of Cadbury’s Gorilla, created by Fallon London back in 2007.
Still synonymous with the brand, even though the product only appeared in the dying seconds of the ad.
To address the 500-pound gorilla in the room – no, the ad didn’t move the needle on sales. The majority of award-winning creative work doesn’t. However, this was a different time, pre-iPhone, therefore pre-social media. The Ad did a great job at raising brand mental availability – and if mixed with today’s ultra-connected viral world where the Ad can push people to brand channels for conversion, the sale story could have been very different.
A brand first approach to connect with consumers. The right mix of all these creative solutions could prove the best recipe for success in a world of new HFSS restrictions. So, consider a combination of tactics, including differentiated packaging, newsjacking, ambush marketing and street marketing. Strong Brand Foundations will allow brands to the take opportunity.
Brands can craft inspiring marketing strategies to reach millions when devised and planned in conjunction with organic social media videos and radio or podcast campaigns.
In this way, it will still be possible to create omnichannel marketing that transcends not only physical but also audience barriers. Earned media, such as articles written about the campaigns and general trackable online coverage can be generated off the back of these. All achievable without the financial burden of paid advertising.
Don’t miss your opportunity. Brands that are slow to react risk being left behind. It’s vital to act quickly, and plan for what’s ahead.
Strong brand positioning and foundations enable fast and effective decision making allowing you to make the most of your opportunity.
Think Brand first focusing on the values that make your brand special. Remember, brand-only TV ads are still allowed.
Does your brand connect with consumers on an emotional level. This has never been more important in branding.
Can the brand stretch into a health-conscious trend, with reformulated products or new ones.
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Global Marketing Director, Mars
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There are many possibilities for brands to fill this creative gap. Ambush marketing, impactful packaging, powerful in-store advertising and captivating social videos can all be used to great effect.
If you need guidance on how to navigate the HFSS ad ban, get in touch, for advice on everything from brand positioning / foundations, brand activation, in-store promotion and product packaging to social videos and online exposure. Drop us a message.



