Breaking down the UK ban on advertising ‘junk food’
As of 5 January 2026, food and drinks high in fat, salt and sugar (HFSS) are banned from being advertised on television before 9.00pm, and online at all times.
This legislation is guided by the government’s pledge to tackle childhood obesity. Products will be subject to a scoring tool which will consider their level of nutrients such as protein and fibre against their fat, salt or sugar content - meaning that, whilst HFSS products include expected items such as soft drinks, chocolates, sweets, and pizzas, the legislation may also affect other products such as breakfast cereals, sandwiches, flavoured yoghurts and main meals.
What could the new HFSS regulations mean for your business?
Alongside advertising on television before 9.00pm, these regulations also prevent businesses from advertising through influencer posts, videos and stories on platforms such as Instagram and TikTok. This may affect a business’s marketing campaign, as it prevents any content involving payment, gifting or incentives to promote any HFSS products - although organic content produced by influencers independently is not restricted, even if it features HFSS products. It is also important to note that whilst the legislation prevents a brand from advertising HFSS products, it does not preclude them from advertising generally - highlighting the importance of having watertight agreements in place.
Our Commercial specialists can help with standardising influencer or commercial agreements, alongside ensuring that terms are in the best interests of businesses and third parties. Get in touch here to find out more about how we can help you.
What enforcement action can the Advertising Standards Authority (ASA) impose for non-compliance?
Businesses which do not comply with the new rules risk action by the Advertising Standards Authority (ASA), which may include content removal and inclusion on a list of non-compliance; the ASA may also impose a maximum fine of up to either 5% of annual turnover of the business’s combined HFSS brands, or up to £250,000 - whichever is highest.
However, if you are a business which employs fewer than 250 people (including international and franchise staff) as at the first date of the UK financial year in question, your business will be exempt from the rules.
Our Regulatory specialists can provide legal advice around advertising standards and food safety. Get in touch here for more information.
What steps can you take to ensure your marketing strategy is lawful?
Businesses will need to assess whether their products fall within the category of HFSS and, if so, review their marketing strategy to ensure compliance with the restrictions.
Businesses can be proactive in advertising agreements by including provisions which acknowledge each party’s obligations. We would also suggest retaining records in relation to briefs and approvals so that they could be referenced if a complaint were to occur.
As this is a relatively new piece of legislation, clarity around what may and may not constitute a breach will become clearer, so it is important to remain abreast of any developments.
Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.