Part 6: Miscellaneous Food and Drink Schedule 18: Advertising of less healthy food and drink Part 2: Online Services: Prohibition 368Z14 Prohibition of paid-for advertising of less healthy food and drink
Subsection (1) prohibits paid-for advertising of identifiable less healthy food and drink online from 1 January 2023.
	Subsection (2) confirms that the prohibition does not apply to advertisements by food or drink SMEs. Subsection (3) confirms that the prohibition does not apply to business-to-business advertisements. This subsection also exempts: advertisements that are included in UK regulated on-demand programme services as these fall into the watershed prohibition, advertisements in regulated radio services, and advertisements that are not intended to be accessed principally by a UK audience.
	Subsection (4) provides that further exemptions to the prohibition may be made by regulations by the Secretary of State in order to keep up with developments in technology and changes in the industry to this policy as it develops.
	Subsection (5) confirms that "payment" includes monetary or non-monetary exchange when in reference to placing advertisements on the internet. "Placed" includes continued to be placed. "Advertisements" include those under sponsorship agreement. Products are "identifiable" if a person in the UK could reasonably be expected to identify the advertisements as being for that product. Products are determined to be "less healthy" via a two-stage approach. They first need to be included in one of the product categories that will be set out in regulations, then the "relevant guidance"- the "Nutrient Profiling Technical Guidance3" will need to be applied. Subsection (8) confirms that the Secretary of State may amend the definition of "relevant guidance". Subsection (5) also defines "food or drink SME" as meaning a small or medium enterprise as defined in regulations and subsection (6) allows that definition to include staff of another person. Likewise, subsection (5) states that regulated radio services will be given meaning by regulations. Subsection (7) gives the Secretary of State the power to amend the date in subsection (1) to a later date and to make corresponding amendments to subsections (11) and (12).
	Subsection (9) confirms that before the Secretary of State can make any regulations for additional exemptions under subsection (4) or amend the definition of relevant guidance under subsection (8) they are under a duty to consult. Subsection (10) confirms that changes to made to the definition of relevant guidance through regulations made under subsection (8) must be subject to the draft affirmative procedure.
	Subsection (11) confirms that from 1 August 2021 any paid online advertising of less healthy food or drink to be placed online on or after 1 January 2023 amounts to a breach of the prohibition. Subsection (12) confirms that subsection (11) does not apply if arrangements are put in place and reasonable action is taken to remove the advert before 1 January 2023.