Update on less healthy foods advertising restrictions: Change is coming – just not quite yet

The government has again pushed back the date on which the new TV and online advertising legal restrictions for Less Healthy Foods (LHF) come into force, this time from 1 October 2025 to 5 January 2026. This legislation had originally been intended to take effect from 1 January 2023. At the same time, the government has said that it still expects voluntary compliance. So, what does this all mean?

Why further delay?

This latest delay follows industry concerns raised by businesses in response to the Committee of Advertising Practice’s (CAP) revised draft guidance, published in February 2025, which suggested that the restrictions could extend to “brand advertising.” This could potentially impact all advertising for brands that are synonymous with LHF products, regardless of whether their ads feature an “identifiable” LHF.

The government had previously indicated, on 7 April, that it didn’t agree with this interpretation of the legislation. However, in a further statement on 22 May, it went further by confirming that it will introduce secondary legislation to expressly exclude brand advertising from the scope of the LHF restrictions although it will require additional time to do so. It also promised to provide “legal clarification” around the meaning of brand advertising before the new legislation comes into force, with the aim of allowing regulators to issue clearer guidance and enable businesses to comply with confidence.

Voluntary compliance still expected

Notwithstanding the delay, however, the government has asked that advertisers and broadcasters still commit to complying with the restrictions for specific identifiable LHFs from 1 October 2025. Participating organisations, including ITV, Channel 4 and Sky, as well as various online publishers, have signed a letter outlining their voluntary agreement to these proposals.

There is yet to be any comment from Clearcast as to whether it will impose the voluntary ban when approving TV ads; but given it’s owned by the major broadcasters, it seems likely that they will expect Clearcast take these restrictions into consideration. However, as many brands will already have prepared their festive advertising campaigns, and in the current absence of any further clarification, there still remains some uncertainty as to how it is expected to draw the line between brand advertising (which is permitted) and advertising for specific identifiable LHF (which isn’t).

What about online?

There is no equivalent of Clearcast for online ads, but some of the trade associations that have signed the government voluntary agreement do include the major platforms. As a result, it is anticipated that at least these platforms will ask for voluntary compliance and any non-compliance could be contrary to the platforms’ terms. Although, how this will be enforced in practice is not yet clear.

What’s still going ahead?

The government statement was silent on any delay to the implementation of the rules affecting promotions and in-store placement of LHFs. However, the chief executive of the Association of Convenience Stores has since said the following will go ahead as planned on 1 October 2025:

•  No more volume promotions like “Buy One Get One Free” or “3 for £10” on LHF products.
• Restrictions on product placement for LHF products in high-traffic areas such as checkouts, store entrances and end-of-aisle displays.

But as of yet, there’s no official confirmation from government.

What’s next?

While the clarification on brand advertising is awaited, businesses should still proceed on the basis that advertising for specifically identifiable LHF products will not be permitted from October. They should also continue to prepare for the broader regulatory changes affecting in-store promotions and digital promotional marketing.