Less Healthy Food & Drink Advertising Restrictions Guide

How to Comply with UK Advertising Restrictions UK
- Conduct an audit of all products to determine HFSS status using the Nutrient Profiling Model.
- Identify and schedule all affected advertising and promotional activities across channels. Implement appropriate watershed restrictions for TV advertising (no HFSS ads before 9pm)
- Ensure digital advertising campaigns include proper age-targeting and verification mechanisms.
There have been instances where age-targeted advertising, even with the use of platforms like YouTube’s targeting features, has been deemed insufficient to prevent exposure to inappropriate content for children.
The issue:
The Advertising Standards Authority (ASA) ruled against Universal Studios because a trailer for an 18+ horror film was shown to a child.
Age-targeting flaws:
Even with YouTube’s targeting settings, the ASA found that the advert could still be served to users under 18 due to factors like inferred information and browsing history.
Social Responsibility:
The ASA concluded that the advertisement was not responsibly targeted, breaching social responsibility rules (Rule 1.3 of the CAP Code).
Gore Factor:
The ASA also noted that the content was too gory, even for an adult audience, and could cause distress, breaching rules 4.1 and 4.2 of the CAP Code.
- Train marketing teams on LHFD regulations and compliant promotional strategies. Document compliance efforts and maintain evidence of due diligence. Discuss scheduling a tailored Compliance Workshop with PromoVeritas
- Implement approval processes requiring legal review for all Less Healthy Food & Drink product marketing and marketing communications.
- The UK are ahead of the curve, stay updated on regulatory changes through key sources:
- Government bodies: Department of Health and Social Care (DHSC), Food Standards Agency (FSA), and Public Health England (PHE)
- Regulatory authorities: Advertising Standards Authority (ASA), Committee of Advertising Practice (CAP), and Ofcom
- Industry associations: Food and Drink Federation (FDF), British Retail Consortium (BRC), and Advertising Association
- Subscribe to DHSC and ASA newsletters for direct regulatory updates
- Monitor the UK Government website (gov.uk) for policy updates and consultation outcomes
- Consider reformulating products where possible to avoid HFSS classification. Ensure packaging and labelling meets all requirements for nutritional information.
- Review influencer and partnership agreements to ensure compliance with Less Healthy Food & Drink restrictions and consider the influencer audience demographic. A Mum-fluencer or family / lifestyle influencer may end up targeting children.
- Implement specific guidelines for social media content featuring HFSS products. It is possible for brands to post on their owned channels, watch out for content an influencer partner might share.
- Consult with compliance specialists like PromoVeritas on promotional activities and campaigns before implementation.
- Develop alternative marketing strategies focusing on brand rather than specific HFSS products.
- Out-of-home advertising (e.g., public transport, billboards) are not currently in scope of restrictions. Adverts on Digital and TV are in scope for restrictions beginning January 2026, and OOH will likely follow in a next phase.
- If your brand is comfortable with some risk, there are no applicable restrictions until 5th January 2026. If your brand wants 100% confidence in compliance with restrictions, don’t buy space to advertise LHFD products for post October 2025.
Consumable products designed to be eaten on the move or rather out of home and are less than 500 calories are allowed to be advertised. For example, a McDonald’s Happy Meal is less than 500 calories, therefore it could be advertised. Quaker Porridge Oats, plant based and designed to be eaten on the move, because it is more than 500 calories, would be subject to restrictions.
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