delete Categories of specified food or drink
These Regulations define 'less healthy food or drink products' for advertising restrictions under the Communications Act 2003. They establish nutrient profiling scoring criteria (4+ points for non-drinks, 1+ points for drinks), create exemptions for SMEs (under 250 employees), and specify service types exempt from advertising bans (audio services, certain TV services). The Schedule lists product categories subject to restrictions.
This regulation restricts lawful commercial speech and creates competitive distortions. The SME exemption threshold (250 employees) is arbitrary and leaves smaller food manufacturers subject to advertising bans while large corporations can afford compliance. The regulation assumes advertising restrictions improve public health outcomes, but this paternalistic approach suppresses consumer information without addressing root causes of diet-related health issues. The nutrient profiling criteria, based on 2011 guidance, impose ongoing compliance costs and can be gamed by reformulation rather than genuine nutritional improvement. Audio and television service exemptions add complexity without clear justification. The regulation inhibits legitimate competitive advertising, particularly harming smaller brands that lack brand recognition and rely more heavily on advertising to compete against established players.