Less healthy food ad delay welcomed by food and beverage industry

Fiona Cameron and Zoe Betts, food safety and regulatory experts at Pinsent Masons, were commenting after the delay was confirmed, meaning the advertising restrictions will now kick in from 5 January 2026, instead of 1 October this year. The delay was formalised through the Communications Act (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025, which were laid before parliament recently and came into force on 1 July.

Betts said: “The decision comes amid difficulties with the wording of the legislation, causing concern for stakeholders. Advertisements take time to prepare and with the October enforcement date less than four months away, time is running out. Some are already said to have committed to advertisements beyond that date on the basis of previously understood guidance. The decision to delay the date will therefore be welcomed, as will the collaboration demonstrated to reach an acceptable solution.”

The delay follows mounting pressure from advertisers, broadcasters and online platforms who have raised concerns about the clarity of the legislation, particularly around whether brand advertising and advertising of product ranges not explicitly featuring less healthy items would fall within the scope of the restrictions.

While the government has stated that brand advertising would be permitted provided no identifiable high fat, salt, or sugar (HFSS) products are featured, the Advertising Standards Authority (ASA) has yet to issue definitive guidance. Previously, ASA guidance suggested that ads for brands associated with entirely less healthy product ranges could fall outside the scope of the restrictions so long as no specific products were shown. However, the ASA has since indicated a shift in interpretation. It now suggests that even ads without explicit references to HFSS products could be restricted if viewers could reasonably identify them as promoting such products.

This evolving stance has resulted in confusion for brands, especially those that have already developed advertising campaigns – for instance, for this year’s Christmas season - based on the earlier understanding of the law.

Despite the postponement, major industry players – including advertisers, broadcasters, and online platforms – have voluntarily committed to observing the original 1 October start date. This commitment is outlined in the Voluntary Industry Agreement on Less Healthy Foods, signed in May 2025. The agreement reflects a shared understanding that the law was not intended to prohibit brand advertising or promotions for product ranges that do not directly identify less healthy items.

The ASA is expected to launch a consultation on updated guidance in the coming weeks.