Insights

Businesses should not be caught out by the government’s delay to the crackdown on advertising less healthy food

Posted Tuesday 3rd June 2025

In April we published a piece on the restrictions on advertising food that is high in fat, sugar and salt (HFSS) that were due to come into effect from 1 October 2025. By way of update, last month the government announced that:

  • The legislation bringing the new rules into force will be amended to clearly exempt brand-only advertising from the new rules; and
  • To allow time for consulting on the draft amendment, the ban on advertising HFSS food will not now enter into force until 5 January 2026.

Importantly, however, advertisers (supported by online platforms and publishers) have agreed that they will comply with the new rules as though they will still enter into force on 1 October 2025. Additionally, the government said back in April that its intention was that brand advertising would not be caught by the legislation and for it still to be possible for businesses to promote their brand as long as advertising did not identify a specific HFSS product.

Businesses should therefore not take this delay as giving them more time to comply with the new rules. The agreement that advertisers have made with the government means that in practice advertising HFSS products will not be possible after 1 October 2025.


This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.


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