Author: mollie-lambert

In light of new UK regulations on advertising high-fat, sugar, or salt (HFSS) and less healthy food (LHF) products, this article provides essential insights for brands, agencies and in-house teams navigating the new advertising landscape.

From 5 January 2026, the UK’s new rules on advertising high-fat, sugar or salt (HFSS) and less healthy food (LHF) items come into force. As the rule takes effect, this change is set to have a significant impact on brands, agencies and in-house teams who face significant changes in how they market and promote food and drink products. Understanding these rules is essential to remain compliant, avoid possible penalties and protect brand reputation.

What are the HFSS/LHF advertising restrictions?

Any product classified as HFSS under the Nutrient Profiling Model and listed in one of 13 LHF categories is now subject to advertising restrictions when promoted through paid spend.

The restrictions will be enforced by the Advertising Standards Authority under the Committee of Advertising Practice (CAP) and BCAP codes, with Ofcom oversight for broadcast.

The restrictions apply wherever a UK consumer can reasonably recognise that the advert is promoting a specific HFSS product, even without explicitly showing the product.

This is a fundamental shift from earlier rules, focusing on protecting child audiences. The new restrictions operate regardless of who the audience is.

Affected channels The restrictions apply only to paid advertising, not all advertising, across both broadcast channels and digital media, but with key differences between them.

Broadcast advertising
TV, on-demand and IPTV advertisements for HFSS/LHF products can no longer air between 5:30am–9pm, and can only be shown after the 9pm watershed, posing a significant scheduling restriction.

Digital media
Unlike broadcast advertising, which can continue within time restrictions, digital media, including (i) social media; (ii) sponsored listings; and (iii) paid-for content on food/aggregator platforms will no longer be able to advertise identifiable HFSS/LHF products, regardless of the time of day.

Out-of-home advertising
The current rules do not prohibit HFSS/LHF out-of-home advertising.

What can food brands still do online?
Despite the new restrictions, food brands are not prohibited from having an online presence.

Brand-led paid advertising
Brands may continue to run paid online advertising that focuses on:
- Brand names and logos
- Brand values, heritage and purpose
- Corporate storytelling and sponsorships This is only if the advertising does not promote or make a specific HFSS/LHF product identifiable.

Organic (non-paid) social media
Brands may continue to post product-related content on their own social media channels, including launches and promotions, although care should still be taken to avoid content that could be interpreted as paid or incentivised.

Owned digital channels
Brands may continue to communicate freely through:
- Their own websites
- Email marketing Apps
- Direct-to-consumer communications

These channels are not treated as paid advertising under the HFSS/LHF regime.

Corporate and CSR communications
Online content relating to sustainability, innovation, supply chains, investment or corporate news remains low risk, provided it does not promote identifiable HFSS/LHF products.

Influencer activity – with caution
Influencer content requires careful structuring. Paid partnerships, affiliate links or incentivised content promoting HFSS/LHF products are likely to be restricted. Gifting and “soft” incentives may still attract ASA scrutiny, even where content appears editorial.

What brands can’t do online
Food brands should not:
- Run paid social media ads featuring identifiable HFSS/LHF products
- Use paid influencers to promote HFSS/LHF products 
- Place sponsored listings or paid placements for HFSS/LHF products 
- Use paid ads that indirectly reference or point consumers to a specific HFSS/LHF product, even if the product is not shown

Consequences for non-compliance
From 5 January 2026, breaches are enforceable by the ASA under the CAP and BCAP codes, as explained here. Non-compliance can lead to damaging penalties, such as:
- Removal of the ad Corrective action 
- Publication of sanctions 
- Reputational damage 
- Escalation to Ofcom for persistent breaches

Practical steps for brands and agencies
Now is the time for brands and agencies to adjust advertising strategies and ensure compliance. Key considerations should include:

Shift brand messaging
Focus on showing logos, brand values, heritage and purpose rather than specific products. Cadbury displayed a shift in messaging through their Secret Santa Christmas campaign. Audiences were encouraged to send a present as a Secret Santa via Cadbury, shifting the topic of the advert away from the contents of the product (chocolate) to association with the brand – maintaining positive brand sentiment and recall.

Audit existing content
Review existing advertising material, such as websites, social media channels, paid campaigns, influencer relationships and affiliate content for compliance, and subsequently update or remove content to avoid sanctions from the ASA.

Strengthen creator guidance
Ensure paid creators understand the rules.

Implement internal compliance
Brands and agencies should ensure training, internal guidance and pre-publication approval/sign-off processes align with the new rules.

Ongoing monitoring
Stay up to date with ASA/CAP guidance, particularly around exemptions. Monitoring trends and ASA rulings helps with understanding expectations and ensures ongoing compliance.

A strategic opportunity
While there are clear restrictions around the advertising of HFSS/LHF products, this also presents an opportunity for a more strategic approach. Brands that adapt early can remain compliant, maintain audience engagement and avoid penalties.

Focusing on brand-led advertising, such as values and storytelling, can showcase a brand as a responsible advertiser, and future-proof marketing strategies in an increasingly tighter regulatory landscape.

How Brandsmiths can help
Our commercial team can help brand owners, agencies and in-house teams by:
- Understanding and applying the HFSS/LHF advertising restrictions 
- Reviewing current and planned marketing campaigns for risk 
- Identifying high-risk areas across paid media 
- Designing internal compliance and approval frameworks, brand-safe guidelines, and training on compliance and practical implementation

Need help navigating the restrictions? Contact Bianca Wilson at bianca@brandsmiths.co.uk for a free consultation.