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Today marks a new dawn in UK food and drink advertising, as voluntary compliance with the new rules on ads for 'Less Healthy Foods' begins across the industry.
What's changing?
As we previously reported, advertising 'Less Healthy
Foods' will now be banned from paid online advertising at all
times, and on television between 5.30am and 9pm. These measures,
brought under the Advertising (Less Healthy Food Definitions and
Exemptions) Regulations 2024 (the "2024
Regulations") form part of the government's wider
strategy to reduce childhood obesity and promote healthier eating
habits across the UK. Less Healthy Foods
("LHFs") are assessed based on their
nutritional content, using the Food Standard Agency's 2004/2005 Nutrient
Profiling Model.
Whilst the original implementation date of 1 October 2025 was
pushed back to 5 January 2026, many across the industry, including
advertisers, broadcasters, and online publishers, have signed a
pledge to voluntarily adhere to the new restrictions from
today.
In making this commitment, the signatories are supporting the
policy objectives of the legislation, giving themselves an
opportunity to understand how the new rules will work in practice
and evaluating the potential impact on their advertising activity
and broader commercial goals.
By contrast, given the significant number of industry players who
have committed to early compliance, those who opt not to do so may
suffer reputationally and will likely be earmarked for regulatory
scrutiny once the restrictions formally come into force.
Brand advertising v product advertising
So why the delay? In the run up to implementation there was a
clear lack of clarity around whether the legislation applied to
advertising a brand itself, in addition to any LHF it sells.
The Advertising (Less Healthy Food and Drink) (Brand
Advertising Exemption) Regulations 2025 (the "2025
Regulations") have since been published and confirm
that pure brand advertising - "an advertisement that
promotes a brand, including the brand of a range of
products" - is excluded from the scope of the
restrictions. This aims to avoid brands being defined solely by
their LHFs and to support continued investment in healthier
alternatives. Businesses will still be able to promote their brand
identity, advertise healthier product ranges, and highlight their
wider corporate social responsibility efforts.
The application and interpretation of the brand exemption will be
assisted by the Advertising Standards Authority's
("ASA") long-awaited final draft
guidance, which has now been published and is open for consultation until 9 October 2025.
What do I need to do?
As the voluntary compliance period begins, this latest
clarification is likely to influence how many advertisers shape
their campaigns, with a shift towards broader brand-led messaging
rather than product-specific promotions. Smart advertisers will
stay ahead of the curve rather than be left waiting until
January's deadline day.
Consider campaigns planned for Q4 2025, particularly Christmas
campaigns that your brand may have heavily invested in:
- For TV ads, Clearcast (who pre-clear the bulk of UK TV advertising) have said they will implement the new rules from today, so TV ads featuring LHFs could be restricted even prior to January.
- Consider your online marketing plans, particularly engagement
with influencers which is often focused on gifting products as
opposed to promoting the brand. This content will fall within the
scope of the online advertising ban and even informal arrangements
may trigger the rules depending on the nature of the
agreement.
The ASA's consultation on the updated implementation guidance is open until 9 October 2025. If you are considering submitting a response and would like support in preparing it, or if you would like to discuss how the restrictions might impact your business, please get in touch with our media and advertising team.
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.