Navigating the New UK Rules on Food and Drink Advertising: What You Need to Know

In a bid to tackle childhood obesity, the UK government has introduced new regulations on advertising less healthy food and drink products. This change, led by the Department of Health and Social Care (DHSC), aims to clarify and enforce existing policies with a focus on brand advertising exemptions. Here’s a breakdown of what this legislation means for you.

Understanding the Legislation

The new regulations, coming into effect on January 5, 2026, provide a clear exemption for brand advertisements from restrictions on less healthy food and drink products. This move is designed to eliminate confusion and ensure effective implementation of advertising restrictions laid out in the Communications Act 2003, as amended by the Health and Care Act 2022.

These rules apply across England, Wales, Scotland, and Northern Ireland, aiming to reduce children's exposure to advertisements for high-fat, salt, and sugar (HFSS) products. The goal is to encourage healthier eating habits among children by restricting HFSS product advertising on TV and online, with a 9 pm watershed for TV ads and a 24-hour ban on paid online ads.

Why These Changes?

The government's commitment to raising the healthiest generation of children has pushed these initiatives forward. By limiting exposure to HFSS products, the government hopes to incentivize businesses to reformulate products and create a healthier food environment. The restrictions are expected to remove up to 7.2 billion calories from UK children's diets annually, delivering around £2 billion in health benefits.

The Brand Advertising Exemption

The key change here is that brand advertisements that do not specifically identify a less healthy product are exempt from the restrictions. This was clarified after feedback from stakeholders expressed concerns about ambiguity in the original guidance. The exemption ensures that businesses can continue advertising their brands without fear of non-compliance, provided the ads don't depict or promote specific HFSS products.

Impact on Businesses and Compliance

While the changes aim to protect children’s health, they also consider the business implications. Many businesses had already planned advertising campaigns based on previous guidance, and this exemption helps ensure they can proceed without disruption. The Advertising Standards Authority (ASA) will enforce these rules, with the power to interpret and apply them case-by-case.

What’s Next?

The rules represent a careful balance between promoting public health and supporting economic growth. Businesses can continue brand advertising while adhering to restrictions on specific HFSS product ads. The government intends to review the overall policy effectiveness by October 2030, ensuring it meets its objectives without unintended consequences.

For businesses, this means staying informed and compliant with the new rules, ensuring that brand marketing strategies align with the regulations. The DHSC and ASA will provide further guidance to assist businesses in navigating these changes effectively.