ASA makes first rulings on the advertising restrictions for less healthy food

The first set of ASA rulings on the new restrictions and an online ban for paid advertisement of less healthy foods (LHFs) were published yesterday, after coming into force on 5 January 2026, which means we have the first chance to understand what approach the ASA is going to take to key issues. So what did we learn? 

• The scope of the restrictions: The ASA applied the test for what constitutes an LHF in practice when dealing with a complaint about German Doner Kebab, and the advertiser was able to show that the food featured was outside the scope of the regulations.
• The ‘identifiability test’: The ASA is asking whether an advert can be considered “for” an LHF; this was considered in the context of a Lidl Northern Ireland influencer advert. The focus on one particular LHF bakery item in the video along with a voiceover about this led the ASA to uphold the complaint. The silver lining was that the other LHF bakery item, which wasn't called out in the voiceover and only shown slightly, was found not to be a breach in and of itself. This suggests that it's possible to show some LHFs in the background without breaking the rules.
• Adverts not for food: A depiction of foods within an On The Beach television advert for airport lounge access was considered by the ASA. The ASA did confirm the rules applied as food was shown, but concluded the ad wasn't for the food and the generic and fleeting nature of the depiction of a doughnut led them to rule that the advert didn't break the rules. This suggests that experiences such as hospitality can be featured in ads with some imagery of LHF, provided this is done with care. 

For analysis on what the ruling means, see our article on the key learnings from this set of rulings, which you can find here.

The Mills & Reeve advertising team will continue to monitor these developments closely. 

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