Background

On 1 October 2025, new restrictions on the advertising of food and drink high in fat, salt or sugar (HFSS) will come into force under the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024. These rules aim to reduce children's exposure to HFSS marketing by restricting TV and online advertising, with significant implications for businesses in the food and drink sector.

What are the restrictions?

• TV advertising: A 9.00pm watershed will apply to HFSS food and drink adverts on TV and Ofcom regulated on-demand programme services (ODPS).
• Online advertising: A 24-hour ban will apply to paid-for HFSS product adverts online, including non-Ofcom-regulated ODPS.

Who is affected?

These restrictions apply to businesses that:

• manufacture or sell HFSS food or drink;
• have 250 or more employees; and
• pay to advertise HFSS products.

Which products are covered?

A two-stage test determines whether a product is subject to the restrictions:

• Product category: It falls within one of 13 food and drink categories, such as sweet biscuits, confectionery, desserts, crisps, ready meals and breakfast cereals.
• Nutrient Profiling Model (NPM) score: It scores 4 or above for food, or 1 or above for drink, under the 2004-2005 NPM.

Key exemptions include:

• infant formula and baby food;
• meal replacement products; and
• food for special medical purposes.

Enforcement and compliance

The Advertising Standards Authority (ASA) will be responsible for enforcing these regulations, under the oversight of Ofcom. Non-compliant businesses could face:

• regulatory interventions, such as enforcement notices and corrective actions;
• financial penalties for serious breaches; and
• potential reputational damage due to ASA rulings being publicly reported.

Key actions for businesses

With only months until implementation, businesses should take proactive steps to ensure compliance and minimise enforcement risk. Practical actions include:

• Assess product compliance: Use NPM scoring to determine whether products fall within the restricted categories.
• Review and adapt marketing strategies: Audit current TV and online advertising campaigns to identify HFSS products that may be included and adjust content accordingly.
• Train internal teams: Ensure marketing, legal and compliance teams understand the new restrictions and how they apply.
• Monitor regulatory updates: ASA guidelines will further clarify implementation (expected in spring 2025).