The UK government has pushed back advertising restrictions on “less healthy foods” to January but still “expects” the previous October deadline to be honoured.
Adopting the less healthy foods terminology from the more common definition of foods high in fat, sugar or salt (HFSS), the Labour administration confirmed today (22 May) that it has initiated the delay based on industry feedback.
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The main roadblock revolves around restrictions on advertising by brands, which the government had said in April would be exempt from new legal requirements that were set to come into force on 1 October, so long as those adverts did not “identify a specific less healthy product”.
Ashley Dalton, the Parliamentary under-secretary for Public Health and Prevention, issued a statement confirming earlier media speculation.
Labour plans to “make and lay” a so-called Statutory Instrument (SI) that will “explicitly exempt ‘brand advertising’ from the restrictions”, she said.
However, the government expects, in what amounts to a superficial ban on promoting such foods before the 9pm watershed, to be respected until the planned legislation comes into force from 5 January.
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By GlobalDataDalton added: “The SI will provide legal clarification on this aspect of the existing policy, as it was understood and agreed by Parliament during the passage of the Health and Care Bill. “This will enable the regulators to deliver clear implementation guidance and mean that industry can prepare advertising campaigns with confidence.”
Delay caveats
The delay has been imposed to allow for a consultation period on the SI draft.
“However, in agreement with the Government, advertisers and broadcasters, with the support of online platforms and publishers, have made a clear and public commitment to comply with the restrictions as though they would still come into force from 1 October,” the statement read.
“This means that, from 1 October 2025, and in line with Government’s policy intentions, we would expect adverts for specific identifiable less healthy products not to be shown on TV between 5:30am and 9pm or at any time online, and there will be legal clarification on ‘brand advertising’ before the restrictions come into force legally on 5 January 2026, subject to Parliamentary approval.”
The SI move was welcomed by the UK’s leading industry body, the Food and Drink Federation (FDF).
“This is welcome clarity from Government on the scope of the law and provides food and drink companies with the certainty they need to take decisions on future advertising,” a FDF spokesperson said.
“FDF is working with our members to ensure they adhere to the voluntary commitment to abide by regulations until the legislation comes into force in January.”
Labour, and previous Conservative governments, have previously pledged bans on advertising of less healthy foods, or HFSS products, in an attempt to cut obesity rates, particularly in children. And to try and lower instances of health conditions such as diabetes and heart disease.
The Conservatives announced a plan in 2022 to ban advertising of such products, initially slated for April of that year. But it has been delayed a number of times since, and now includes the latest push back from October to January.
Obesity concerns
Approached by Just Food, the UK’s Department of Health and Social Care (DHSC), responded with a statement.
“Obesity robs children of the best start in life and sets them up for a lifetime of health problems, which costs the NHS billions.
“We have secured a unique and public commitment from advertisers and broadcasters so that from 1 October 2025, adverts for identifiable less healthy products will not be shown on TV before 9pm or at any time online, and this will be a legal duty from January 2026,” a DHSC spokesperson said.
“The junk food advertising restrictions on TV and online are a crucial part of our Plan for Change to raise the healthiest generation of children ever. By reducing children’s exposure to junk food advertising, we will remove up to 7.2 billion calories from UK children’s diets each year.”
In its statement today citing comments from Dalton, the government said it wants to “support economic growth and ensure that industry has confidence to invest in advertising but, at the same time, protect children from advertising of less healthy products”, stressing the need “to deliver proportionate regulation”.
It added: “We have listened carefully to the concerns that industry stakeholders have raised around the Advertising Standards Authority’s (ASA) implementation guidance. We are aware that many brands have prepared advertising campaigns in good faith ahead of the restrictions’ current coming- into-force date of 1 October 2025 and remain concerned about how these adverts will be affected by the ASA’s approach to implementation.”
Just Food asked the ASA for clarification and comment. The advertising regulator said earlier this morning it would not issue a comprehensive response until the government’s formal announcement.
In a follow-up, an ASA spokesperson said: “The Government has set out its intention to bring in amending legislation to push back the implementation date on LHF ad restrictions and to consult on changing the law on brand exemption.
“We recognise the importance of this issue for a range of stakeholders, therefore, together with Ofcom, we will now carefully assess what this means for the process to develop and implement the rules and guidance and will provide a further update as soon as possible.”
Meanwhile, Stephen Woodford, the CEO of the Advertising Association, said: “Today’s decision from the Government simply clarifies what has always been the intended policy behind the new restrictions, that companies will be able to advertise their brands provided the ads do not identify a specific less healthy food product. Until now, there has been confusion over this point.
“The Government’s decision to write it into law provides much needed clarity and certainty for businesses across the food, retail, and hospitality sectors.”
Advocacy groups were unsurprisingly critical of the government’s delay after so many deferments of the advertising ban, with both the previously vocal groups, Action on Salt and Obesity Health Alliance, voicing their dismay.
Sonia Pombo, the head of impact and research at non-profit Action on Salt said: “The government continues to cave to the food industry’s every whim and it is beyond disappointing – yet not surprising. We saw it with the previous government, and we are seeing it now.
“These ad restrictions were first discussed over six years ago and have the potential to greatly improve the health of our children, yet there is a lack of clear clarity, drive, and intention, allowing the industry to exploit loopholes.”
Katharine Jenner, a director at Obesity Health Alliance, added: “This Government committed in its manifesto and via the King’s Speech to ending junk food ads targeting children. But just like its predecessor, it appears to be caving to industry pressure and delaying the implementation of these long-overdue restrictions.
“We’re seeing the result of a coordinated attack by companies selling the unhealthiest food and drinks and the advertising industry – all working to weaken the policy and delay action.”
