Delay of the new food and drink ads regulation and impact on live sports broadcasts
In February, we published an article on the UK government’s proposed new advertising restrictions targeting less healthy food and drink products (e.g. high in fat, salt, or sugar) (“LHF”) under the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 (the “Regulations”), with accompanying guidance published to help businesses and enforcement authorities interpret the new rules.
Links to relevant sources and our previous article on this topic are listed below.
The Regulations aim to curb the promotion of LHF products, aligning with the government’s broader strategy to tackle obesity and ban advertisement of “identifiable” LHF products from being:
- included in Ofcom-regulated TV services between 5:30am and 9:00pm;
- included in Ofcom-regulated on-demand programme services (ODPS) between 5:30am and 9:00pm; and
- placed in paid-for space in online media at any time.
The Delay
The Regulations were due to come into force from 1 October 2025. however, on 22 May 2025, the Department of Health and Social Care (DHSC) published a statement announcing the suspension of the effective date of the Regulations to 5 January 2026.
What caused the delay
A consultation was launched at the end of 2023 by the Committees of Advertising Practice (CAP), on behalf of the Advertising Standards Authority (ASA), to engage with interested parties on the implementation and interpretation of the incoming Regulations and the ASA’s draft guidance (the “First Consultation”). The responses to the First Consultation highlighted confusion surrounding brand advertising and there was suggestion that the approach in the draft guidance had the effect of limiting the scope of the Regulations that would be applied. ‘Brand advertising’ is when an advertiser promotes the overall brand rather than a specific product that is associated with that brand. This type of advertising can focus on concepts such as sustainability or social responsibility. It does not aim to elicit an immediate response (e.g. signing-up for a free trial or a purchase). An example of this would be focusing on a brand’s interaction with Fairtrade to source the ingredients for its products, such as coffee.
In January 2025, CAP recognised in an interim statement that its initial guidance had led to confusion across the industry as to what would fall under the scope of the Regulations. The ASA noted that it had sought to provide clarity in its draft guidance, but it recognised that some parts of the original guidance might not align with the intended scope of the Regulations. However, the ASA remained clear that the Regulations do not make any reference to (or exemption for) brand advertising, meaning it did still consider that it was necessary for advertisers to consider the specific facts of each ad even where that ad does not specifically refer to or feature an LHF product.
On 18 February 2025, revised guidance was published by the ASA which sought to address the concerns raised around brand advertising. The guidance highlighted the importance of “identifiability” of a LHF product in brand advertising. If a brand is specific to a range of LHF products, it is more likely to be restricted. However, an ad that focuses on non-product attributes which relate to the wider commercial entity are less likely to be restricted. Fundamentally, the guidance remained clear that advertisers must consider the specific facts of each ad and apply judgement in respect of all brand advertising.
A further consultation period was announced by CAP and the Broadcast Committee of Advertising Practice (BCAP), on behalf of ASA, on 18 February 2025 and closed on 18 March 2025 (the “Second Consultation”). The Second Consultation specifically focused on the revised guidance and how brand advertising might still be restricted under the Regulations and in the accompanying guidance.
Government Statement
The DHSC’s statement on 22 May 2025 did much to dispel the continued confusion around brand advertising and the ASA’s approach to implementation, outlining that a statutory instrument will specifically exempt brand advertising from the restrictions. Due to the further period of consultation required before this can be finalised, the Government has therefore delayed the effective date of the Regulations.
Following the Government announcement, the Second Consultation has been put on hold while the Government begins work to draft the necessary legislation by the delayed effective date i.e. 5 January 2026. This will allow the impact of the new legislation to be assessed before consulting on the rules and guidance that will need to reflect these changes. The ASA hope to provide an update on the timeline for the recommencement of the Second Consultation (albeit with a revised scope) and publication of its final guidance in the coming weeks.
Response by media stakeholders
In a letter addressed to Sir Chris Bryant MP (Minister of State Department for Culture, Media and Sport) dated May 2025, key media stakeholders have provided a “voluntary and unilateral commitment” to act as though the Regulations have come into force from 1 October 2025. The industry claims that the ASA, who will be enforcing the Regulations, has not been able to confirm whether certain ads would fall under the scope of the Regulations or not. This has caused confusion, with many businesses having to plan their important Christmas marketing campaigns a year in advance.
The Government has therefore agreed to delay the effective date on the condition that the industry commits to act as if the Regulations will come into effect on 1 October 2025. The government’s written statement has reassured health campaigners that it expects adverts for specific identifiable LHF products will not be shown on TV between 5:30am and 9:00pm or at any time online from this date.
Importantly, the DHSC’s statement suggests that genuine brand advertising can continue without restriction given brand advertising will be exempted from the Regulations. In an update provided on 11 June 2025, the ASA has confirmed that they will not be processing or investigating complaints about non-compliant advertisements until 5 January 2026.
The signatories to the letter are set out below. It is important to note that online platforms are not signatories as the Regulations only apply directly to broadcasters and advertisers. However, online platforms are described as “supportive” of the letter’s contents and aims.
Signatories: Advertising Association, The Association for Commercial Broadcasters and On-Demand Services (COBA), Association of Online Publishers (AOP), British Retail Consortium (BRC), Channel 4, Disney, Food and Drink Federation (FDF), Guardian Media Group, Incorporated Society of British Advertisers (ISBA), Institute of Practitioners in Advertising (IPA), Internet Advertising Bureau (IAB UK), ITV, News Media Association (NMA), Paramount, Reach Plc, Sky, STV, The Sun, techUK, The Times and The Sunday Times.
Conclusion
Although the effective date of these Regulations has been delayed until 5 January 2026, media stakeholders, including key sports broadcasters such as ITV, Paramount and Sky, have agreed to act as if the Regulations are coming into force on 1 October 2025. In return, the government has agreed to provide a three-month grace period for stakeholders whose advertising strategy had already been decided, and a further period for the government and advertising authorities to clarify the interpretation and enforcement of the Regulations.
Helpful resources
New food and drink ads regulation & impact on live sports broadcasts
The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024
Restricting advertising of less healthy food or drink on TV and online: products in scope - GOV.UK
Written statements - Written questions, answers and statements - UK Parliament
Voluntary Industry Agreement on Less Healthy Foods - Advertising Association
