Ofcom's tough HFSS ad restrictions to begin on April 1

The new restrictions are likely to wipe millions of pounds from agency schedules and will make it increasingly difficult for selected advertisers to reach a younger target audience.

Despite lobbying from advertising industry associations such as the IPA, Ofcom has not watered down its restrictions, which were provisionally set out in November 2005.

Existing campaigns or those in the final stages of creative execution can be broadcast until June 2007. However, the new rules come into effect effective immediately for new campaigns and, from July 2007, all advertising campaigns must comply with the rules.

Children's channels will be allowed to implement a graduated phase-in period for the regulations with a cut-off in December 2008.

Ofcom's co-regulatory partners, the Broadcast Committee on Advertising Practice and the Advertising Standards Authority, are now responsible for enforcing the new scheduling and content rules and securing compliance respectively. The new rules will form part of the BCAP Television Advertising Standards Code.

In a statement, the media regulator said: "Ofcom has considered all responses to this consultation carefully. After a detailed analysis of the evidence, including a full impact assessment, Ofcom has concluded it is appropriate and necessary to adopt restrictions intended to reduce significantly the exposure of children under 16 to HFSS advertising."

This ban includes youth-oriented programming and adult programmes that attract a significantly higher than average proportion of viewers under the age of 16.

In addition to scheduling restrictions, Ofcom states that content rules will also apply to all food and drink advertising to children irrespective of scheduling. For instance, food and drink manufacturers will no longer be allowed to use celebrities and characters licensed from third parties in promotional offers or as part of health claims.

All restrictions will equally apply to product sponsorship.

Ofcom will review the effectiveness and scope of the new regulations in autumn 2008, one year after the full implementation of the new content rules.

Ofcom's final statement follows the conclusion of its additional consultation, which was published on November 17 2006. This statement proposed to extend restrictions on the television advertising of HFSS food and drink products to include programmes and channels aimed at children aged under 16 years of age.

It is believed the ruling could cost the ad industry £39m in lost TV ad revenues, falling to approximately £23m as broadcasters mitigate revenue losses over time.

Trade bodies for the food and drink industry and ad world, including the Advertising Association, proposed a less rigorous option to the ban in November, which included restrictions on timings and volume of ads. However, Ofcom turned down this option because at the time it said it believed the proposal did not meet its objective to protect children under 16 to HFSS advertising.

Marina Palomba, the legal director at the Institute of Practitioners in Advertising, said: "The IPA is disappointed but not surprised at Ofcom's decision to extend the broadcast advertising scheduling restrictions from primary school children to children up to the age of 15.

"However IPA member agencies are already working to comply with the new content and scheduling rules for commercials for foods identified by the Food Standards Agency as ‘bad', even though the flawed criteria mean that foods such as Marmite get caught by the restrictions.

"The IPA is also dedicated, through its membership of CAP (Committee of Advertising Practice), to introducing similar content restrictions into the non- broadcast media."