Lidl and Iceland complaints upheld

Both retailers were told not to run the ads again

Lidl paid an influencer to do an Instagram post promoting the Lidl bakery. The influencer was shown in store describing various baked goods with the bakery in the background. The post contained close up shots of Cheese Pretzels and Pain Suisse and the influencer was then shown tasting and describing the products.

• One of the more enjoyable discoveries from this ruling is that Lidl sells Pain Suisse – a great find! More legally relevant, however, was the fact that while the Pain Suisse and Almond Croissants were LHFD, the Cheese Pretzel was not.
• The ASA ruled that consumers would reasonably be expected to identify that the advert was for the Pain Suisse and Cheese Pretzel, given the focus on these items but that consumers were unlikely to have noticed the Almond Croissants, which featured incidentally and fleetingly. The Almond Croissants were also not mentioned in the voiceover, and the shot showing the product was brief.
• Lidl’s intent had been for the ad to be brand-led (a permitted exemption) and therefore not caught by the rules. However, Lidl accepted that the combination of visual close-ups and verbal descriptions of the Pain Suisse and Cheese Pretzel could have led consumers to identify that the ad was for those products individually.

Iceland paid for a banner ad and display ad on the Daily Mail website both showing various products including the following LHFD items: Swizzels Sweet Treats, Chupa Chups laces, Chooee DiscoStix and Haribo Elf Surprises. The ad was caught by the rules in respect of those LHFD products.

German Doner Kebab and On The Beach complaints not upheld

German Doner Kebab‘s ad on Instagram showed an influencer ordering an “Inferno OG chicken”, “a rice bowl with chicken” and a “doner kebab” from a GDK store. The post included footage of the influencer tasting each of the items, with a can of Diet Coke visible. The complaint was not upheld as the food items were not classified as a LHFD and the can of Diet Coke was considered to be incidental and, in any case, not a LHFD.

On The Beach: In this case a TV ad included a family arriving at an airport, with a voice-over stating that they had booked a five-star holiday which included free access to airport lounges. The shot that caused the complaint was of a child taking a chocolate doughnut from the bar in the airport lounge. The ASA concluded that those who viewed the ad would not be reasonably expected to identify it as an advert for doughnuts and instead would identify it as a benefit of free airport lounge access, as part of booking with On The Beach.

Key takeaways

• The rules apply to LHFD only. If the product is not high in fat, salt or sugar under the Government nutrient profiling model, or one of the regulated ‘less healthy food’ categories then the rules will not First step: check whether the products in your ad are caught and keep the nutrient profile calculations as evidence.
• Incidental product placement seems okay. In the Lidl example the Almond Croissants featured incidentally and fleetingly (they were not mentioned in the voice-over, and the shot was brief). In the German Doner Kebab case the Diet Coke was also incidental. Whether a product is incidental is subjective so all products should be checked but, the longer a product is in the shot or if it’s specifically mentioned then the more likely the product will be caught.
• The rules apply to all businesses not just those involved in the manufacture or sale of food or drink (i.e. On The Beach). If your ad contains food products get it checked!
• Be careful when engaging influencers for brand advertising where LHFD may be involved. Lidl intended the ad to be a brand advertisement and therefore exempt from the rules, but the post nevertheless contained identifiable LHFD. Ensure you have sufficient oversight of influencer content. Check your influencer contracts and include clear guidance on the inclusion of foods when briefing.

More changes afoot

It’s interesting that the complaints reviewed were all made by individuals, and no doubt as the ASA’s AI powered “Active Ad Monitoring” continues we should expect higher volumes of complaints in due course.  In addition, the Government is consulting on a new nutrient profiling model which is likely to bring more products within the scope of the advertising restrictions such as sweetened cereals and certain yoghurts. The consultation closes on 17 June 2026 and we will provide updates as they come.

As always, if you would like further advice or guidance or have any specific campaign ideas or scripts you would like reviewed, then please do get in touch with our Advertising & Marketing team.