First influencer caught by UK’s junk food advertising rules

An Instagram influencer has become the first creator to fall foul of the UK’s less healthy food advertising rules after promoting Lidl’s bakery range in a paid post.

The Advertising Standards Authority ruling marks an early test case for how the restrictions apply to creator content, with industry experts saying the changes could shift how food advertising is executed on social platforms.

Emma Kearney, who has more than 250,000 followers on Instagram, was found to have breached the rules in a video post for Lidl Northern Ireland in January – just days after the restrictions came into force.

Kearney visited a Lidl store and showcased two bakery items, a pain suisse and a cheese pretzel, tasting and describing both on camera. The ASA found the pain suisse met both tests for a “less healthy” product and fell within a restricted category, “morning goods”, which includes croissants and similar pastries.

The cheese pretzel, while prominently featured, was not classified as HFSS (high in fat, salt or sugar) and did not contribute to the breach. Lidl accepted that the way the products were shown meant viewers could identify the ad as promoting them, and confirmed the post had been removed.

A second ruling, involving food reviewer John Fisher – who has more than 750,000 Instagram followers – was not upheld. 

Fisher had posted a paid review of German Doner Kebab's new Romford branch, ordering and tasting three menu items – a chicken kebab, a rice bowl and a burrito – and flagging a free kebab giveaway the following day. The ASA accepted evidence from the brand that all four items were not restricted products. A can of Diet Coke visible in the background was considered incidental and not identifiable as part of the ad.

Also ruled against was Iceland Foods, whose online banner and display ads featured identifiable restricted confectionery including Swizzels Sweet Treats, Chupa Chups Laces and Haribo Elf Surprises.

The ads were served to users who had previously visited Iceland’s website, and were found to breach the code despite the company providing nutritional data to its ad network.

"Mindset shift"

The UK’s junk food advertising restrictions entered into force on 5 January, following a government-mandated delay.

The regime prohibits paid online advertising of identifiable less healthy food and drink products. Brands can still publish content on their own channels but cannot pay to promote it, and creators cannot post paid promotions for restricted products on their own feeds. Unpaid reviews remain unaffected, and businesses with fewer than 250 employees are exempt.

The changes have already begun to affect parts of the creator economy. In March, food influencer Becca Stock told The Daily Influence that the rules had had a “massive impact” on her business, with roughly 60 to 70 per cent of the products she promotes falling under the restrictions. She added that brands had been “afraid to advertise” over Christmas amid uncertainty about how the rules would be applied.

Thomas Walters, chief innovation officer at social agency Billion Dollar Boy, said the rulings show brands must rethink how they approach food advertising on social platforms. 

"Compliance in the [less healthy food] era comes down to a mindset shift: stop thinking in products and start thinking in brand worlds," he said. "If an LHF product is shown or recognisable, the ad is restricted. But the brand itself remains a powerful, flexible asset."

He added that the restrictions would ultimately force the industry to re-orientate and consider more creatively interesting and effective ways of reaching audiences.