Ministers have been accused of ‘losing the plot’ with a crackdown on ‘junk food’ ads that covers porridge and crumpets.
The popular staples are among a bewildering array of products set to fall foul of the new rules on promotions before the watershed.
The restrictions are intended to tackle childhood obesity – but have sparked a furious backlash, with critics branding it ‘bonkers’ that breakfast oats and yoghurts are hit but savoury pastries like sausage rolls, pork pies and pasties are exempt.
The new regulations run to more than 5,000 words and require complex formulas to establish whether individual goods are affected.
‘Anyone wonder why UK economic growth is anaemic?’ swiped shadow business secretary Andrew Griffith.
Details of the restrictions – due to come into force next October – were published yesterday, show that baked goods including crumpets, scones, croissants, pains au chocolat, pancakes and waffles are all considered junk food for the purposes of the laws.
Cakes including muffins, flapjacks and mini rolls will be banned, but icing and cake decorations are exempt, as is savoury bread and traditional loaves.
The restrictions also apply to sugary breakfast cereals including granola, muesli and ‘porridge oats, including instant porridge and other hot oat-based cereals’, while snacks including protein bars, cereal bars and biscuits will also be included in the ban.
Food and drink adverts will be banned if the products are classified as ‘less healthy’ using a Government scoring system based on salt, fat, sugar and protein content.
In practice, it leaves room for healthy versions of products to continue to be advertised, such as porridge oats, but not those such as porridge products that have had sugar, salt or fat added to them.
Similarly, natural unsweetened yoghurt will not be subjected to the ban, but fruity and low-fat yoghurt or fromage frais will.
Listed alongside obviously unhealthy soft drinks including lemonades, colas and energy drinks are others that have added sugar including certain fruit juices and smoothies, milk-based drinks and milk substitute drinks such as soya, almond, oat, hemp, hazelnut or rice.
It will also apply to chickpea or lentil-based crisps, fried, flavoured or seasoned chickpeas, seaweed-based snacks and Bombay mix.
The ban comes into force from October next year, after which time television ads for junk food products will be allowed only after 9pm.
It will also include a ban on paid-for online ads for these products to reduce children’s exposure to foods high in fat, sugar or salt.
The Government claims it will prevent an estimated 20,000 cases of childhood obesity, and is expected to remove 7.2 billion calories a year from UK children’s diets.
The impact assessment notes that ‘overall the studies do find a clear link between food advertising and calorie consumption’.
However, it also suggests that the measures could cut just 2.1 calories from children’s diets each day while costing advertisers £659million in returns over 25 years.
It also warns that any calorie reductions achieved during childhood could be undone as individuals eat more during adulthood.
John Cooper, Tory MP for Dumfries and Galloway, said of porridge being affected: ‘This will send a chill through the glens. Haud ma spurtle!’
Professor Gunter Kuhnle, an expert in nutrition and food science at the University of Reading, branded the proposals ‘unhelpful’.
He added: ‘Some of these foods are probably very healthy — for instance porridge, or some non-sugar cereals.’
Dietician Dr Carrie Ruxton also argued it sent ‘the wrong message’ and warned the Government to avoid ‘throwing the baby out with the bathwater’ in its obesity fighting drive.
She added: ‘While I support limiting the promotion of sweets, crisps, biscuits, soft drinks and confectionery I am concerned that the new rules will catch other foods which are important nutrient sources, but contain small amounts of sugar or salt.
‘For example, products like kids’ yoghurts and fromage frais are rich in calcium and typically fortified with vitamin D.
‘Most contain a small amount of sugar – otherwise the majority of children would not eat them.
‘Similarly with breakfast cereals, some types are excellent sources of fibre and wholegrains but, without their small amount of sugar and salt, would be unpalatable for many people.
‘The yoghurt and breakfast cereal categories were singled out a few years ago by Public Health England for being the most successful at sugar reduction.
‘It would send the wrong message to demonise them now.’
Health Secretary Wes Streeting said: ‘Obesity robs our kids of the best possible start in life, sets them up for a lifetime of health problems, and costs the NHS billions.
‘This Government is taking action now to end the targeting of junk food ads at kids, across both TV and online.
‘This is the first step to deliver a major shift in the focus of healthcare from sickness to prevention, and towards meeting our Government’s ambition to give every child a healthy, happy start to life.’
1. Soft drinks
This covers any product that contains added sugar such as cola, lemonade and squash.
It also includes fruit juice, smoothies and energy drinks.
2. Savoury snacks
Crisps mainly, but this also extends to crackers, rice cakes, tortilla chips and Bombay mix.
There are exemptions for flavoured nuts, dried fruit and jerky.
3. Breakfast cereal
This includes granola, muesli, porridge oats and other items you would find in the breakfast aisle of a supermarket.
4. Chocolates and sweets
This applies to the vast majority of items you would find listed under confectionery, but also includes popcorn and chewing gum.
5. Ice cream
Dairy and non-dairy products, such as ice lollies, are covered by this as well as frozen yoghurt, sorbet and gelato.
6. Cakes and cupcakes
Flapjacks, doughnuts and éclairs are also included in this category – but icing is exempted.
7. Biscuits and bars
Protein and cereal bars are included, as are other products like wafers and toaster pastries.
8. Morning goods
Croissants, pain au chocolat and other pastries are the main foods covered here – but this category also extends to crumpets, scones, fruit loaves and hot cross buns.
9. Desserts and puddings
Custard, jelly and mousses are included, but there are exemptions for tinned fruit, cream and syrups.
10. Yoghurt
Any variety that has been sweetened is covered by this category, as are non-dairy alternatives, probiotic yoghurt and drinkable varieties.
11. Pizza
Plain bases and garlic bread are exempted from this, but otherwise all sizes and types of pizza are included.
12. Potatoes
Plain and sweet varieties that have not been cut or cooked are exempt, but several other potato-based products are included such as chips, hash browns and croquettes.
13. Ready meals
A broad category that covers anything intended to be eaten as a main meal, often after being reheated, and requires no further preparation. It also includes sandwiches and burgers.
Exemptions
Retail meal kits, such as fajita or enchilada kits are excluded from the ban. Equally, breaded or battered cheese products, savoury patries like pies and sausage rolls and party food don’t make the cut.