“Junk food ad ban”: new rules on advertising less healthy foods

The Advertising Standards Authority (ASA) has recently updated its rules on the advertising of “less healthy” foods and drinks. These changes, set to come into force on 1 October 2025, are designed to reduce children's exposure to HFSS marketing, with significant implications for food and drink retailers with more than 250 employees, as well as hotels, restaurants, bars, and pubs that advertise on television or online. 

Key changes 

The new rules introduced by the ASA focus on restricting the advertising of HFSS products across various media platforms. Key changes include:

1. Time restrictions: HFSS ads will be banned on TV and on on-demand services from 5:30 am to 9:00 pm.
2. Online advertising: HFSS ads will no longer be permitted in paid-for online spaces at any time, however brands can still advertise less healthy products in their own (non-paid for) social media posts.
3. Promotion restrictions: volume price promotions will no longer be allowed either in-store or online. This will include offers such as ‘buy one get one free’ or ‘3 for 2’. Free refill promotions for less healthy drinks will also be banned.

These changes apply to “less healthy” foods which is defined broadly and include soft drinks, savoury snacks, confectionery, ice cream. Restaurant favourites such as chips, battered fish and pizza are also caught. Don’t think the new rules apply only to traditional junk food: breakfast cereals, cereal bars and sweetened yoghurt are also less healthy foods under the new regulations.

In order to qualify as ‘less healthy’ a food or drink product will need to both:

• fall within one of the product categories in the schedule to the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024; and
• score 4 or above for food, or 1 or above for drink when applying the 2004 to 2005 Nutrient Profile Model using the 2011 technical guidance.

There are some exemptions to the rules, particularly for small or medium sized enterprises, and as regards advertising of foods for medical purposes or for diet replacement for weight control (advertising of which is regulated separately) and for foods for infants or young children.

Business as usual

Remember that the usual rules on advertising food and drink products to children continue to apply. In particular:

1. Content restrictions: Ads cannot include licensed characters, celebrities, or promotional offers that appeal to children under 12.
2. Product placement: HFSS products cannot appear in prominent in-store or online locations, such as checkout or website homepages.
3. Holistic approach: avoid promoting poor nutritional habits or unhealthy lifestyles.

Impact

For food and drink retailers and hospitality providers, these changes mean a significant shift in how products can be marketed. Retailers will need to:

• Adjust advertising strategy to advertising healthier foods.
• Shift promotional offers to healthier foods.
• Stick to the watershed when advertising less healthy foods on tv.
• Maximise non-paid-for media which is still permitted for less healthy foods.
• Reformulate products to reduce fat, salt and sugar content, aligning with growing consumer demand for healthier options.

Top tips

As the new rules come into force, brands need to focus on: