Food for Thought: Navigating the UK's HFSS Advertising Ban

The UK government has introduced new restrictions on the advertising of products high in fat, salt, and sugar (“HFSS Products”) as part of its strategy to address public health concerns, particularly childhood obesity. These measures will have a significant impact on businesses that manufacture, advertise and sell HFSS Products, requiring careful navigation of the new regulatory landscape. This article provides an overview of those products which are classed as ‘HFSS Products’, the new advertising rules and how compliance with those rules is being regulated.

What are HFSS Products?

HFSS Products are foods and soft drinks classified as high in fat, salt, or sugar under the Department of Health's nutrient profiling model. These products are often referred to as "less healthy food and drink" and have been identified as contributing to public health challenges, including childhood obesity. The government’s focus on reducing exposure to HFSS advertising is part of a broader effort to encourage healthier lifestyles.

The measures also set out what which products are deemed to be exempt (by reference to Regulation (EU) No. 609/2013) on the basis they are subject to their own regulatory standards, such as meal replacement products, baby food and certain food supplements.

Summary of the New Advertising Rules

The new rules, introduced under the Health and Care Act 2022 which amended the Communications Act 2003 (and given practical effect under this legislation through the Advertising (Less Healthy Food and Exemptions) Regulations 2024), impose significant restrictions on the advertising of HFSS Products. Key provisions include:

• Television Advertising: A 9pm watershed will apply to advertisements for HFSS Products, prohibiting their broadcast on TV and UK on-demand programme services (ODPS) regulated by Ofcom between 5:30am and 9pm.
• Online Advertising: A total ban on paid-for advertising of HFSS Products online, applicable at all times.
• Exemptions: Small and medium enterprises (SMEs) are exempt from these restrictions. Additionally, online advertising that is not targeted at UK audiences, business-to-business advertising, and adverts linked to Ofcom-regulated radio services are excluded.

The rules were initially scheduled to come into force on 1 January 2023 but have been delayed multiple times. The latest implementation date is 5 January 2026.

Reasons for Implementation Delays

The implementation of these restrictions has been delayed due to several factors, including:

• Brand Advertising Exemption: There has been significant debate over whether "pure brand advertising" (advertising that promotes a brand without identifying specific HFSS Products) falls within the scope of the restrictions. To address this, the government plans to introduce secondary legislation explicitly exempting brand advertising, which has necessitated further consultation. Pending the outcome of that consultation, the expected implementation date for the restrictions is now 5 January 2026.
• Industry Concerns: Stakeholders, including advertisers and broadcasters, have raised concerns about the Advertising Standards Agency (ASA)'s interpretation of the rules, particularly regarding the "identifiability" of HFSS Products in brand advertising. This has led to calls for clearer guidance and legal certainty.

Despite the delays, advertisers and broadcasters have committed to voluntarily comply with the restrictions as though they were in force from 1 October 2025. This voluntary compliance reflects the Food & Beverage industry’s proactive approach to adapting to the new regulatory environment.

Role of the Advertising Standards Authority (ASA)

The ASA, the UK’s independent advertising regulator, plays a central role in enforcing the new HFSS advertising rules. Its responsibilities include:

• Monitoring Compliance: The ASA conducts regular compliance surveys and investigates complaints about potential breaches of the advertising codes.
• Guidance and Enforcement: The ASA provides guidance to advertisers on how to comply with the rules. It has issued draft guidance on the interpretation of "identifiability" in HFSS advertising, although some aspects of this guidance are under review following industry feedback.
• Sanctions: The ASA has a range of enforcement tools, including requiring the withdrawal or amendment of non-compliant advertisements, issuing "Ad Alerts" to media owners, and referring persistent offenders to Trading Standards or Ofcom for further action.

Regulation and Compliance

Compliance with the HFSS advertising rules is mandatory for medium and large retailers with more than 50 employees selling food or drink in England. The government states that this will include franchises or symbol group arrangements where multiple businesses operate under the same name and where the number of employers operating under that business name total 50 or more.

The ASA works in partnership with Ofcom to regulate broadcast and online advertising. Key compliance mechanisms include:

• For Non-Broadcast Advertising: The ASA enforces the CAP Code, which applies to non-broadcast media, including online platforms, social media, and company websites. Advertisers must ensure that HFSS Product adverts are not directed at under-16s or placed in media where more than 25% of the audience is under 16.
• For Broadcast Advertising: The BCAP Code prohibits HFSS Product adverts from appearing during or adjacent to children's TV programmes or programmes likely to appeal to under-16s. Broadcasters are responsible for ensuring compliance, and persistent breaches can result in fines or licence withdrawal by Ofcom.
• Sanctions: The ASA can impose sanctions such as pre-vetting of advertisements, removal of paid-for search ads, and adverse publicity for non-compliant advertisers. For serious breaches, the ASA can refer cases to Trading Standards or Ofcom for further enforcement.

An advert released by Domino’s Pizza was the subject of ASA scrutiny earlier this year. On 8 March 2025, Domino's released a paid-for YouTube advert which promoted its Cadbury Crème Egg cookie product and which was seen during a feature of the computer game Minecraft on the channel Milo and Chip. The ASA commented that "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 concluded that the advert breached the CAP Code and Domino’s was instructed to ensure that its ads that are unsuitable for viewing by children do not appear in media that is likely to appeal to children.

Volume Price Promotions

1 October 2025 also saw the date of enforcement of restrictions on the inclusion of less healthy foods in certain offers and promotions. Under the Food (Promotion and Placement) (England) Regulations, which had been due to come into force in October 2023 within England and Wales, but were delayed by the government for two years, less healthy products cannot form part of a volume price promotion - such as the often seen “Buy One Get One Free”, “50% extra free" or “3 for £10” promotions.

An example of a compliant offer provided by the government’s guidance would be a 2 for 1 offer on plain water. Whereas, if that same offer extends to sugary soft drinks it would not be permitted. In addition to noting its advertising restrictions with respect to HFSS, businesses will need to also be mindful of volume price promotions relating to less healthy food and drinks.

Implications for Businesses

The new rules represent a significant shift in the advertising landscape for businesses that manufacture, advertise and sell HFSS Products. While the government has sought to balance public health objectives with industry concerns, businesses will need to carefully review their advertising strategies to ensure compliance. The planned exemption for brand advertising provides some flexibility, allowing businesses to promote their brands without identifying specific HFSS products.

Simmons & Simmons is closely monitoring developments in this area and is well-placed to support clients in navigating these complex regulations. For further advice on compliance with the HFSS advertising rules or to discuss how these changes may impact your business, please contact a member of the team: Calum Murray, Joel Smith, Elinor Cavil, James Marsden or Fergus Nolan.