案例库 · 广告与公关 · 市场决策 · 2026
这条还没译成中文，下面是英文原文。
Morley's Woking's £12 burger deal ad broke the HFSS online-ad ban
A franchisee's Instagram ad listing burgers, wings and fries for £12 was a paid ad for 'less healthy' food — and the SME exemption did not save it.
Morley's · S&E1 Ltd · 2026-07-08
怎么回事
S&E1 Ltd, an individual franchisee of the Morley's fried-chicken chain, ran a paid Instagram ad for its Woking branch. The image laid out two deals: '£12' for a steak burger, cheese burger, wings, nuggets, large fries and two drinks, and '£22' for a bigger bundle, beside pictures of the food and Pepsi cans.
The caption pitched the deals as 'Pretty good value if you ask us. Available this month only.' A complainant challenged whether the ad was a paid-for online ad for an identifiable 'less healthy' food product, which the UK's January 2026 rules now restrict.
The ASA upheld the complaint. The ad was paid for, and named identifiable menu items — burgers, wings, nuggets and fries — that fell within the 'less healthy' categories of the nutrient profiling rules. Neither side supplied nutrient profiles, but both accepted the foods were HFSS.
The franchisee could not use the small-business exemption: under the rules a franchisee's headcount is counted together with the franchisor's, and Morley's as a whole employed more than 250 people. Because the ad promoted an identifiable less healthy product rather than the brand, the brand exemption did not apply either.
为什么会这样
- The exemption was the franchisee's last hope, and the chain's size silently took it away
- A deal that names the items is a product ad: £12 for specific burgers is not brand advertising, so no brand exemption
- The franchisee paid to place the ad, and payment is what turns a menu into an ad
教训
A franchise inherits the chain's size, not its logo. When the parent passes 250 staff, the small-business exemption goes — and a deal ad naming the products is a product ad, not brand advertising.
后来呢
The ASA upheld the complaint on 8 July 2026 under CAP Code rule 15.19. The ad must not appear again, and S&E1 Ltd t/a Morley's Woking was told to ensure its paid internet ads were not for identifiable 'less healthy' foods.
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