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As the new restrictions on advertising less healthy foods come (unofficially) into force from next month, it's worth remembering that the ASA's rules on HFSS (high in fat, sugar or salt) advertising will still apply too. The CAP Code states that HFSS product ads must not be directed at people under 16 years of age through the selection of media or the context in which they appear.
A recent illustration was a ruling about a paid-for YouTube ad for a Domino's Cadbury Creme Egg cookie product seen during a Minecraft feature on the channel Milo and Chip, It featured a voiceover that stated, "Domino's cookies stuffed with a whole Cadbury Creme egg".
On-screen imagery showed the cookie being broken apart to reveal the egg filling. Domino's branded lettering stated, "Domino's COOKIES MADE WITH" featured alongside the Cadbury Creme egg logo.
The complainant challenged if the ad was for an HFSS product and was directed at children through the selection of media or context in which it appeared.
Domino's Pizza UK & Ireland confirmed that their ad for Domino's Cookies made with Cadbury Creme Egg was for a HFSS product. They stated the ad complied with YouTube's HFSS policies by targeting only signed-in users aged 18+, excluding all "Made for Kids" content. They argued that Minecraft has a broad, aging audience, with less than 21% under 15, and that adult viewers dominate Minecraft content on YouTube. Although the Milo and Chip channel had child-appealing graphics, they claimed it wasn't aimed specifically at children and included mature themes.
Minecraft is a popular video game among children, and an Ofcom 2025 report confirmed it falls within the most popular game type for that age group. While the ASA acknowledged Minecraft appeals to both adults and children, they considered it still highly popular with under-16s. Despite adult-oriented content like the Minecraft movie, younger players continue to engage with the game and related content on social media.
The ad in question appeared on the Milo and Chip YouTube channel, which featured cartoon-style Minecraft characters with childlike voices and scenarios likely to appeal to children. The specific video, "Minecraft's Largest TNT Explosion," used bright colours, bubble-style text, and playful dialogue (eg "don't tell me you need to go potty"), all of which were considered child-appealing.
Although age-targeting was applied to restrict the ad to users over 18 and exclude it from YouTube's "Made for Kids" content, the ASA found these measures insufficient, as the ad still appeared around content likely to attract a child audience.
Because the ad appeared during a video which featured content likely to appeal to children, the ASA considered Domino's had not taken sufficient care to ensure the HFSS ad was not directed at individuals under the age of 16, through the medium in which it appeared. The ASA therefore concluded that the ad had breached the CAP Code.
When planning future campaigns for advertising HFSS and less healthy foods, agencies and advertisers have a lot to consider with the new less healthy restrictions and the CAP and BCAP Code requirements. When it comes to targeting, the ASA has issued clear guidance, which explains what advertisers of age-restricted items can do to avoid breaching the CAP Code. In particular, it advises marketers to:
- identify categories targeted at, or commissioned for the
protected age group
within the chosen online environment; - exclude such media from their ad placements when they have
direct control over
where ads appear; and/or - use the available ad tech tools to ensure age-restricted ads are not placed alongside media intended for the protected age group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
