Hello,
We are seeking clarification from moderators and other UK sellers regarding the operational implementation of Regulation 4 of The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 in Amazon Ads UK.
Under Regulation 4, a “food or drink SME” is defined as a business employing fewer than 250 employees in the relevant financial year. The statutory framework connected to section 368Z14 of the Communications Act 2003 provides an exemption for SMEs from the paid-for online advertising restriction on identifiable less healthy products.
However, within Amazon Ads (UK marketplace), HFSS-classified ASINs appear to be automatically restricted at product level, and there does not appear to be any visible mechanism for advertisers to request review under the Regulation 4 SME definition.
We have received confirmation via Ads Support that there is currently no operational system within Sponsored Ads to apply an advertiser-level SME exemption.
We would appreciate insight on the following:
Has any UK-based SME seller successfully had the Regulation 4 exemption applied within Amazon Ads?
Is there any published Amazon guidance explaining how statutory SME exemptions are handled operationally?
Has this been escalated to the internal Ads Policy or Compliance team for review?
This is raised for regulatory alignment clarity. We are not disputing HFSS classification at ASIN level, but rather seeking to understand how statutory advertiser-level exemptions are reflected within platform enforcement.
If other sellers are facing the same gap, it would be helpful to consolidate references and case IDs.
Appreciate any insight from moderators or sellers with direct experience.
For context, this relates specifically to UK marketplace Sponsored Ads restrictions on HFSS-classified ASINs where the advertiser qualifies under Regulation 4 as an SME.
Thank you.