On December 3, 2024, the UK government introduced the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 (SI 2024/1266), aimed at reducing the exposure of children to advertisements for foods high in fat, salt, or sugar (HFSS). The regulations incorporate the government’s response to its first consultation in December 2022 in respect of the Health and Care Act 2022 (amending the Communications Act 2003) and its more recent response to a detailed consultation on how the restrictions introduced in this new legislation should apply to internet protocol television services.

Following years of consultations and various stakeholders keen to understand how best to comply with these restrictions, the introduction of these regulations mark a significant step in public health policy. These regulations are set to come into effect on October 1, 2025, and will impose stringent restrictions on the advertising of HFSS products across television and online platforms.

Key Provisions of the Regulations

The regulations reflect the two primary restrictions:

1. Television Advertising: A prohibition on advertising less healthy food or drink products on TV and Ofcom-regulated on-demand programme services (ODPS) between 5:30 am and 9:00 pm. 
2. Online Advertising: A complete ban on paid-for advertising of less healthy food or drink products online, including non-Ofcom regulated ODPS. 

Definitions and Scope

The regulations define "less healthy food or drink products" through a two-step approach:

• Product Categories: The product must fall within one of the 13 specified categories outlined in the regulations, including obvious examples such as cakes and soft drinks with added sugar, as well as savoury food items such as pizza, crisps and popcorn, processed meats and cheese products.
• Nutritional Profiling: The product must be deemed less healthy based on its nutritional score, achieving score 4 or above for food, or 1 or above for drink as determined by the 2004/2005 Nutrient Profiling Model as updated in 2011. 

Only products meeting both criteria are subject to advertising restrictions.

Exemptions

The regulations provide specific exemptions, including:

• Business Size: Small and medium-sized enterprises (SMEs) are exempt from the online advertising ban. 
• Product Types: Certain products, such as infant formula, baby food, and foods for special medical purposes, which are already regulated under separate regimes, are exempt from these advertising restrictions. 

Government Guidance

To assist businesses in understanding and complying with these new regulations, the government has published detailed guidance. 

Key takeaways from the guidance include:

• Product Classification: Helpful examples of products that do and do not fall within each of the 13 specified categories, aiding businesses in determining whether their products are subject to the restrictions. For example, while ‘cereal’ is included as one of the 13 specified categories, sugar-coated breakfast cereals fall under the ban whereas unsweetened oat cereal does not. 
• Sector Clarification: These regulations apply not only to big retailers and manufacturers, but anyone selling directly to consumers – this includes restaurants, food trucks and takeaway outlets (subject to the SME exemption). This ensures that HFSS advertising is limited regardless of the sales channel
• Regulatory Guidance: The guidance emphasizes the role of the Advertising Standards Authority (ASA) as the primary regulator for ensuring compliance with these restrictions. Ofcom retains statutory powers to act as a backstop, ensuring comprehensive oversight. 

Businesses are encouraged to review this guidance thoroughly to ensure compliance by the 1 October 2025 deadline.

Implications for Advertisers and Broadcasters

The forthcoming restrictions will necessitate significant adjustments for advertisers, broadcasters, and online platforms.

Key considerations include:

• Scheduling Adjustments: Television broadcasters will need to revise advertising schedules to exclude HFSS product advertisements during restricted hours.
• Content Review: Advertisers must assess their product lines to determine which items are classified as less healthy and adjust their marketing strategies accordingly.
• Digital Compliance: Online platforms and marketers will need to implement measures to prevent the dissemination of paid-for HFSS advertisements, ensuring adherence to the new regulations. For instance, ensuring algorithmic filters or manual oversight to block paid HFSS ads on streaming services and social media.

Early engagement with the guidance and proactive strategy adjustments will be essential for a smooth transition to the new regulatory environment.

If you would like to discuss how to achieve compliance with these regulations ahead of 1 October 2025, please contact Craig Giles or Intisar Abdi.