Less Healthy Food & Drink Advertising Restrictions: The Challanges Brands Will Face

Legal Consequences of Breaking LHFD Advertising Rules 

• Financial penalties can be imposed for non-compliance 

• Advertising Standards Authority can force removal of non-compliant advertisements 

• Repeat offenders may face additional restrictions and enhanced monitoring 

• Legal action can be taken by Trading Standards and other regulatory bodies 

• Maximum fines of up to £5,000 per offence, with potential for multiple counts 

• Reputational damage and negative publicity for breaching regulations 

• Possible requirement to implement compliance programs at company expense 

• Directors can be held personally liable in cases of serious or repeated violations 

• Non-compliant campaigns must be withdrawn immediately upon notification 

• Legal defence costs and management time represent significant hidden costs 

Alternative Marketing Strategies for LHFD Products 

1. Focus on point-of-sale promotions and in-store displays (not restricted).  Partner with retailers for co-branded campaigns within store environments 

2. Develop brand-focused marketing without featuring specific HFSS products. 

3. Advertise and promote on owned media channels such as brand website, social media accounts and direct email marketing.  Prize promotions are a fantastic way to capture first party data and build-up an engaged audience list.   

4. Leverage permitted promotional techniques like prize promotions and temporary price reductions. 

5. On-pack promotions are still permitted for HFSS products, with some limitations. 

6. “Buy one get one free” promotions are restricted for HFSS products. Multi-buy offers (e.g., “3 for £5”) for HFSS products are restricted. Price promotions like “50% off” or “£1 off” remain allowed. 

7. Character and cartoon promotions aimed at children are heavily restricted. Apply a due sense of responsibility when licensing characters. Nostalgic references are restricted even if target audience is 18+.   

8. On-pack competitions and prize draws are generally allowed but cannot target children.  For example, children can create content, but a parent or guardian must enter and submit entry, and only the parent or guardian can receive the prize.   

9. Any branding or colour combination that can be identifiably linked back to HFSS product, would be considered advertising of a HFSS. QR codes linking to additional promotional content must comply with online advertising rules.  

10. Cross-promotions with other brands/products follow the same rules and guidelines 

Social Media Guidelines for Food Brands After Ad Ban

1. Branded social media accounts can still feature HFSS products with restrictions 

2. Paid social media advertising of HFSS products is prohibited 

3. Influencer marketing for HFSS products is restricted based on audience demographics 

4. User-generated content featuring HFSS products may be permitted if not brand-incentivised 

5. Organic social posts from company accounts have fewer restrictions where paid-for posts and advertising is not permitted.   

6. Social content must be age-gated if featuring HFSS products but there is no guarantee children won’t be exposed to content.  

7. Educational content about products is generally permitted with fewer restrictions 

8. Live streams and social video content follow the same restrictions as pre-recorded media 

9. Community management needs careful consideration when addressing HFSS products 

Prize Promotions for Food and Drink Under New Regulations 

1. Prize promotions must follow general ASA CAP Code requirements  

2. Prize promotions are permitted for HFSS products but with significant restrictions – don’t target children, only a parent or guardian can participate.  

3. Promotions must not be directed at or appeal to under-16s  

4. Online prize promotions must include age verification mechanisms. 

5. Prize values and types must comply with general promotion regulations. 

6. Promotions cannot encourage excessive consumption of HFSS products. 

7. Entry mechanics cannot require multiple purchases of HFSS products 

8. In-store displays for promotions are subject to location restrictions, for example, front of store is prohibited.   
9. Online promotions must comply with digital advertising restrictions