Delay to implementation of new restrictions on advertising “less healthy” food and drinks
We previously reported here on the implementation of the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 20241 (Regulations) which prevents the advertising of identifiable “less healthy” food or drink products on TV and on-demand programme services between 5.30am and 9.00pm, and as paid-for ads online.
Earlier this year, the Committees of Advertising Practice (CAP) and the UK Code of Broadcast Advertising (BCAP) launched a consultation (as discussed here) on their proposed guidance accompanying the Regulations. A key concern within the consultation was the position on “brand advertising” that did not feature an identifiable less healthy product, and whether it also fell within the scope of the Regulations.
On 22 May 2025, the Government announced its intention to introduce legislation to clarify that such brand advertising is explicitly exempt from the Regulations, and have thus delayed implementation to allow sufficient time to prepare the necessary legislation. Whilst the Government’s clarification will be welcomed by the food and drink industry, as well as the wider advertising industry, certain brands may still find it difficult to create “brand only” ads when the connection between the brand itself and the identifiable product is so strong.
Despite the official delay, many advertisers and major broadcasters have signed up to the “Voluntary Industry Agreement on Less Healthy Foods”2 and have agreed to comply with the Regulations from 1 October 2025 (when they had been due to come into force). Advertisers will therefore need to prepare themselves for the restrictions to take effect from October 2025, regardless of the revised Government deadline.
