Set to come into force from 5 January 2026, these latest rules will impose a total ban on paid-for online advertising of identifiable less healthy food (LHF) products.
There will also be a 9pm watershed for LHF ads across broadcast TV, on-demand services and streaming platforms, meaning they will not be allowed to air from 5.30am through to 9pm.
A subset of HFSS (high in fat, sugar and salt), less healthy food generally concerns, according to Advertising Standards Authority (ASA), such items as soft drinks with added sugar; savoury snacks; breakfast cereals; confectionary; ice cream; cakes; biscuits; morning goods; desserts; sweetened yoghurt; pizza; potato products; complete meals; ready meals; battered or breaded products; and sandwiches.
To be categorised within the LHF such items must naturally be classified as HFSS and score four or more points for a food, or one or more points for a drink, under the Department of Health and Social Care (DHSC) 2004-05 nutrient profiling model.
Approved by both Ofcom and the government, the guidance is intended to help brands and advertisers by offering greater clarity about what ad content is and is not permissible under the new rules, as well as understanding the terms of the exemptions from the rules, including the exemption for brand advertising.
These exemptions mean that food and drink SMEs (less than 250 employees) will not have to comply with the TV, on-demand and streaming watershed rules; but will still be subject to the blanket online ban.
Commenting on the final guidance, ISBA’s director of public affairs, Rob Newman said: “This has been a long and complex process, during which ISBA members have demonstrated their willingness to comply with the restrictions by adhering to the voluntary agreement between industry and government.
“With the rules now set to come into legal force in a few weeks’ time, we are glad to see the publication of CAP’s guidance and resources.
“We will continue to work closely with our members to help them navigate the restrictions, and to ensure that their advertising is compliant.”
