Tougher rules for HFSS advertising as ASA closes loopholes

The Advertising Standards Authority (ASA) has revised its guidance on the Government’s upcoming restrictions on advertising foods high in fat, salt, or sugar (HFSS) following criticism from health campaigners.


A statement from the ASA confirmed that originally “the proposed guidance advised, with qualifications, that ads that feature branding that relates to a range of entirely ‘less healthy’ products would fall outside the scope of the restrictions if there were no depictions or references to a specific less healthy product in the ad.”

This would have allowed the likes of Kellogg’s or Cadbury to run generic corporate ads before the 9 p.m. TV watershed and online as long as specific products were not identified. Food campaigners considered this to be an unacceptable loophole that would defeat the health-promoting aspects of the restrictions.

The new guidance, effective October 2025, closes these loopholes by clarifying that even ads that do not explicitly show HFSS products, may still be banned if audiences could reasonably associate them with the company’s HFSS products.

This move was welcomed by health advocates, who emphasized the importance of protecting children from unhealthy food advertising and a
A final version of the full guidance is expected in spring 2025, following additional consultations with stakeholders and the Government.

What do we recommend that brands do now?  

Focus on non-HFSS products: Promote products that fall outside the HFSS category to maintain compliance, if these are less popular products, then a prize promotion is a great way to help push product awareness to more conscious customers.

Leverage brand identity without product references: Use promotional brand campaigns focusing on corporate values, heritage, or general appeal rather than specific product promotion. This could work well if you involve the customer, by asking them to tell you what the brand means to them, with prizes for answers. This would create more user-generated content and help brands identify where their brand is most recognisable.

Engage in alternative Marketing strategies: One area that will continue to be allowed post-October 2025 is direct marketing. So HFSS brand teams are advised to start building up their user databases with immediate effect. On-pack offers and other types of prize promotions are brilliant generators of personal data – and then they can freely market to these individuals in the future when TV and other broadcast and online advertising is restricted.


In addition, you could partner with influencers or run community-based campaigns that align with the new rules and focus on lifestyle rather than specific HFSS products.

Be aware: Make sure the influencers you’re partnering with are compiling with ASA guidelines in their own content too. Our legal team can help you put together marketing contracts to ensure compliance.

Contact us to discuss your next promotion

Talk To Us

Other ways we can
help you succeed

Contact us to discuss your next promotion

Talk To Us