‘Less healthy’ food ad ban takes effect

The restrictions, which took effect on Monday, prohibit adverts for “identifiable” less healthy products from being included in Ofcom-regulated television services and on-demand programme services between 5:30am and 9:00pm. They also cannot be placed in paid-for space on the internet. In the UK, a less healthy food or drink product is said to be “identifiable” in advertising if someone could reasonably be expected to be able to identify the advertisement as being linked to that product.

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The measures are targeted at food and drink that is high in fat, sugar or salt (HFSS) and are provided for under the Health and Care Act 2022, with the restrictions originally envisaged to come into force on 1 January 2023. However, implementation of the ban was subsequently delayed to 1 October 2025 and then again to 5 January 2026.

Zoe Betts, food safety and regulatory expert at Pinsent Masons, said: “The government’s drive to reduce childhood obesity and childhood tooth decay via initiatives such as the junk food advert ban is welcome. However, the food and drink industry cannot achieve these laudable aims alone. Addressing childhood health in a meaningful and long-term way requires better health education, as well as affordable and appealing nutritious options, to ensure people are properly and fully equipped to make better choices.”

“Implementation of the advertising restrictions was delayed largely due to confusion over interpretation of the underlying legislation. Whilst much of this appears to have been remedied by recent government clarification and guidance from the bodies behind the UK’s ad rulebooks, that guidance was only published last month. It is hoped that the bodies will support organisations as they grapple to understand the restrictions and how to comply now those restrictions are in force,” she said.