The UK Government has delayed the advertising restrictions on this sub-category of high in fat, sugar and salt (HFSS) products by three months to 5 January 2026. However, the confusion around what counts as ‘brand advertising’ hasn’t gone away.
What’s changing – and what’s delayed?
New changes to the Communications Act 2003 in 2022 paved the way for restrictions on advertising identifiable LHF products. From January 2026, these ads will be banned on Ofcom‑regulated TV and on‑demand services between 5.30am and 9pm, and in all paid‑for online media at any time.
Although the legal deadline has shifted, many major advertisers, platforms and broadcasters still plan to adopt the rules from 1 October 2025 – creating a two-tiered timeline, and a gap between voluntary action and when the law actually kicks in.
Brand advertising: still in the grey zone
Initially, advertising regulators CAP and BCAP worked up their guidance on the basis that brand advertising – ads that do not reference or show specific less healthy food (LHF) products – wouldn’t be caught by the prohibition. It sounded like good news for brands whose portfolios include HFSS products falling into the LHF product categories.
But after secondary legislation failed to clarify the brand advertising point, they changed tack. In early 2025, CAP and BCAP re-consulted on their guidance and introduced an identifiability test: if a typical UK viewer could reasonably link the ad to one or more LHF products, it would fall within the scope of the ban – even if no product was directly named. This shift attracted criticism from both public health groups and industry stakeholders, who questioned the logic and legality of exempting generic brand ads.
Soon after, the Government stepped in and clarified that genuine brand advertising was never meant to be caught by the rules. It promised new legislation to make that clear.
In May, it confirmed plans to introduce a Statutory Instrument to formally exclude brand ads from the ban. However, the detail still hasn’t been published, leaving advertisers in a legal grey zone, with only policy statements and no guidance to rely on.
In the meantime, the Advertising Standards Authority (ASA) has said CAP will update and finalise its guidance once the legislation is final. But until then, manufacturers are second-guessing where the lines will be drawn.
Multibuy restrictions scrapped – a parallel shift in policy
In a parallel development, the government has also been toying with the idea of scrapping the incoming ban on volume promotions of LHF products, such as buy-one-get-one-free deals. The ban is due to come into force in October 2025, after several previous delays.
Instead of banning these offers outright, the government is considering whether to implement a smarter regulation approach focused on outcomes, not bans. For example, food manufacturers would be required to report on the proportion of healthy versus less healthy products they sell, with targets set against this data.
Health Secretary Wes Streeting has said businesses should be free to offer good value to consumers, but will be held accountable for helping to improve diets. The Government is also expected to update the nutrient profiling model used to define HFSS products.
Although this may signal the beginning of the end of mandatory restrictions on in-store promotions of LHF products, it does look to introduce a new layer of regulatory oversight. Reformulation efforts are likely to continue, so some products may find themselves reclassified in the future.
What it means for manufacturers
The policy landscape has shifted considerably in a matter of months. Advertising restrictions have been delayed, but voluntary compliance from October 2025 remains in place. Multibuy bans could be abandoned, but if so, are likely to be replaced with new reporting rules. And while brand advertising is likely to be excluded from the LHF ad ban, formal legal clarity is still pending.
Food and drink manufacturers should start preparing now. Promotional strategies may need to be adjusted, and preparations made to update data systems to handle healthy food reporting. Recipe and reformulation decisions should also be considered in light of the possible changes to the HFSS definitions.
Above all, brands need to keep an eye on how their ads are perceived. The focus is shifting from technical compliance to consumer interpretation. And as it currently stands, while a brand campaign might be technically LHF product-free, if it walks and talks like an ad for an LHF product, it could still get caught in the net.
About the author
Hettie Homewood is a senior associate at law firm RPC and typically acts for household brands, retailers, online marketplaces, tech businesses, and creative and media agencies.
