Earlier this year, the UK tightened its restrictions on food and drink advertising, extending long‑standing high in fat, sugar or salt (HFSS) restrictions into a broader statutory regime covering “less healthy food” (LHF). Public health concerns, and in particular, childhood obesity, are driving the tightening of the UK's regulatory approach to food advertising. However, the new framework introduces a watershed that extends beyond children and applies regardless of audience. For many brands, the impact is immediate: less healthy products are now effectively excluded from peak‑time television and from paid‑for online advertising altogether, fundamentally reshaping how consumers can be reached, but also creating opportunities for brands that are willing to adapt.
To fall under the new LHF rules, a food or drink product must meet both limbs of a two-part definition:
- it must belong to one of the 13 specified product categories, which include most prepared soft drinks containing added sugar, savoury snacks such as crisps, confectionery, desserts and puddings.
- it must be classified as HFSS under the Department of Health and Social Care’s nutrient profiling model.
The new LHF regime introduces a number of advertising restrictions, which are broadly as follows:
- a ban on advertising less healthy products on Ofcom-regulated television and on-demand services between 5.30am and 9pm.
- a 24-hour ban on paid-for online advertising of LHF products.
There are some exemptions that apply, most notably for small and medium-sized businesses and certain traditional “legacy” media such as print and radio advertising being excluded. Crucially, brand‑only advertising remains permitted, provided it doesn’t feature an “identifiable” product. However, the criteria is complex and should be approached carefully as even indirect references to a restricted product can bring an advert within scope.
Compliance risk is heightened by ASA and Ofcom taking a more proactive stance on enforcement, particularly to online advertising regulation. The ASA appears to be using AI‑based monitoring tools rather than relying solely on complaints. Breach of the new rules can lead to a range of consequences from removal of adverts and public rulings to financial penalties and, in serious broadcast cases, licence suspension. Importantly, responsibility sits firmly with advertisers themselves, even where agencies, influencers or affiliates are involved.
Despite all this, the new regime is not solely a constraint. Brands and manufacturers are already responding by aiming to move products outside the LHF definition by reducing sugar content. The brand‑only advertising exception provides an opportunity for brands to get creative and focus on strengthening their overall brand by promoting wider product ranges, brand values and building consumer trust. For businesses willing to adapt, the LHF rules may prove less a roadblock and more of an opportunity.
Read Guy Cartwright’s full article in FoodBev Media: What this new era of food advertising means for F&B
