Early expiry date for junk food ads – are you ready to comply?

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.

A further update is expected pre-Christmas in advance of the formal 5 January implementation date – watch this space.

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