This consultation sought views on the draft regulations to make sure they are clear and fit for purpose in achieving the government’s policy intentions.
The advertising restrictions for less healthy food or drink on television and online will take effect UK-wide on 5 January 2026.
The regulations will see the advertisement of less healthy food or drink products on TV between 5:30am and 9pm and on paid-for advertising of these products online at any time prohibited.
The move is expected to remove up to 7.2 billion calories from UK children’s diets each year.
What was the consultation about?
The consultation focused solely on the nature of the brand advertising exemption after concerns were raised over the possibility of legal loopholes, related to advertising that does not explicitly refer to or feature products.
The consultation received 65 responses and featured questions such as ‘Do you agree or disagree that the draft regulations make clear how brand advertisements will be treated by the advertising restrictions?’ and ‘Do you agree or disagree that the draft regulations provide a clear definition of a ‘photographic image’ of a food or drink product?’
Among the areas that respondents raised concerns or requested clarity over included:
‘Too complex and technical’
- That the regulations are too complex and technical
- The advertisement of brands which are exclusively or strongly associated with less healthy products, including advertisements that promote the non-product attributes, and the use of a logo, brand characters and website links
- Imagery used in advertising
The Government said that “a certain degree of complexity is inevitable” but assured that “the Advertising Standards Authority (ASA) is developing implementation guidance to help businesses to interpret the regulations and prepare for implementation of the restrictions”.
It added that the “first test” of whether an advert falls within the scope of the regulations remains the primary legislation in the Communications Act 2003.
Brands linked to less healthy food and drink
Respondents also raised concerns about how the draft regulations would treat brands where the identical name is shared by a brand of a range of products and a specific less healthy food or drink product.
The Government said it does not intend to “pigeon-hole brands” and instead, where possible, it wishes to “incentivise brands” to reformulate products and “promote their healthier options”.
Name sharing
It acknowledges that some long-established food or drink brands have evolved from a single specific product and are understood today to be brands of ranges of products.
Therefore, paragraph 6 of regulation 2 has been updated to reflect that brands of ranges of products that share their name with a specific less healthy food or drink product may still advertise using that name.
However, this is limited to brands which were already in use immediately before 16 July 2025. This is to prevent a situation where a range could be deliberately created to share exactly the same name as a less healthy product within it.
“While we accept that it could be unfair to disadvantage a company because for historical reasons its name or its brand name includes the full name of the specific product with which it originates, future companies and brands have the opportunity to avoid this situation,” the Government response reads.
The regulation also stipulates that a range may not include products distinguished only by pack size or packaging format, such as carton, tin, block or bag.
Adverts not related to products
Clarification was also sought by respondents around advertisements that promote the non-product attributes of a brand associated with less healthy food and drink products, such as advertisements promoting their corporate and social responsibilities. These are not restricted.
Logos
A logo belonging only to a specific less healthy product is not permitted, with the exception of those that fall under the scope of paragraph 6 of regulation 2. Logos for company brands and brands of ranges of products are also permitted, so long as the advertisements do not depict a specific less healthy product/s.
Brand characters
The regulation has also confirmed that brand characters that relate to a specific less healthy food or drink product or products are not exempt. Brand characters that relate only to brands of ranges of products or companies will not be restricted, however.
Website links
Concerns were raised over whether the inclusion of the link to a website which depicts less healthy foods on the homepage could prevent the otherwise compliant advertisement from benefiting from the exemption.
The Government has said brand advertisement exemption will be determined on the content of the advertisement itself, and to be restricted, an advertisement must be for a specific less healthy product or products.
Images in adverts
Queries related to imagery were also raised. An example was given: If the advertisement includes a picture of a chocolate bar out of its wrapper and it is not clear which specific chocolate bar within a range is depicted, it will not benefit from exemption.
Paragraph 5 of regulation 2 has now been amended, replacing the term ‘photographic image’ with ‘realistic image’ and a definition for ‘realistic image’ can be found at paragraph 7 (e) of regulation 2. Moreover, the new definition for ‘realistic image’ means a photograph, video recording or an image, whether still or moving.
What now?
The finalised Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 were laid before Parliament on 10 September 2025 alongside publication of this consultation response.
The Government has said it is working closely with Ofcom and ASA, as the regulators, as ASA finalises its implementation guidance ahead of the advertising restrictions taking effect on 5 January 2026.
