Posted Monday 7th April 2025
From 1 October 2025, paid-for online advertising of high fat, sugar and salt (HFSS) products will be largely prohibited. This means that platforms like Google, Facebook, Instagram, and any influencers or other paid-for advertising providers will no longer be able to display your paid ads if your products fall within the HFSS category.
This is a crucial step in the government’s strategy to tackle childhood obesity, but it presents a considerable challenge for consumer food and beverage businesses who rely on digital marketing.
The criteria for determining whether a product is HFSS are based on whether they fall into one of the pre-defined categories and score a sufficiently high score against the Nutrient Profiling Model. It’s essential you understand how your products score against this model to assess whether they fall within the remit of these changes.
What kind of marketing is covered?
The legislation does not specify any particular types or forms of online marketing but at least the following common ways to advertise consumer products will be covered:
What are the exemptions?
While the restrictions are broad, there are some exemptions to be aware of:
SMEs: For the purpose of these regulations, a food or drink SME is defined as a business that employs less than 250 people. But be aware this includes all employees whether inside or outside the UK and in all parent and subsidiary companies.
Own-website advertising: You can still advertise HFSS products on your own website and social media channels (provided you exercise full editorial control of such content).
Transactional content: Advertising within direct sales transactions (e.g., in an online shopping basket) is generally permitted.
Brand-only advertising: Advertising that focuses solely on the brand, without directly promoting specific HFSS products, may be allowed in certain circumstances.
B2B adverts: if the advertisements are directed at other businesses involved in the manufacturing or sale of food and drink products, these may fall outside of the regulations.
It’s crucial to note that the interpretation of these exemptions are proving to be complex, and the specific application to your business will depend on your individual circumstances.
We’re here to help
Understanding the intricacies of these new regulations can be daunting and, whether or not you need to reassess your marketing strategy, stressful.
Our Corporate & Commercial team specialises in providing legal advice to businesses in the food and beverage sector and can help you assess the impact of these changes and provide advice on any exemptions you may be able to rely on.
Please contact us at hello@joelsonlaw.com if you would like to discuss further.
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.
The UK Supreme Court have delivered their landmark ruling on the legal definition of "woman" under the Equality Act 2010
Joelson has successfully advised the Founder of Biotiful on the sale of the business to Müller
Charlie Pattihis, a Senior Associate at Joelson, highlights three fundamental legal considerations that could determine the success of your foodservice business
Joelson has successfully advised the co-founders of Two Chicks on the sale of a majority stake to the Eurovo Group
At Joelson, we recognise the importance of helping others and putting something back into the community. We have a history of fundraising for good causes and this year Joelson is proud to be supporting City Harvest.
