HFSS Advertising: The New Rules. The Smart Response
It Matters
At Freak we horizon scan for industry shifts and HFSS is perhaps the biggest shift in a decade for many of our clients. We are very excited by the new creative territories this opens up, exploring new ideas and media spaces. For brands who dare to do things differently this change is a rare opportunity to steal a march on the competition. Like Formula 1 adapting to new rule changes in 2026, which brands will adapt to the rule changes and be at the front of the grid next year?
What’s Happening
The rules for advertising HFSS foods in the UK are changing. Fundamentally. From 1st January 2026, expect a 9 pm TV watershed and a near-total ban on paid online ads¹. Why? The ongoing fight against childhood obesity. The impact? A seismic shift requiring more than just compliance, it demands intelligent adaptation. This paper outlines what we’ve learned from working with some of the UK’s biggest brands, the new landscape, the definitions², the existing rules³,⁴, the incoming bans, crucial exemptions and the strategic thinking needed to navigate this effectively. Forewarned is forearmed.
The Unignorable Context
Childhood obesity is the driving force⁸. Restricting HFSS advertising is the chosen policy lever. Agree or disagree, the Health and Care Act 2022¹ redraws the map for food advertisers from 1st January 2026 for key advertising restrictions. The challenge isn't merely following rules; it's about finding fresh, honest, and effective ways to communicate within them.
HFSS & Brands → Know Your Score
What counts as HFSS is determined by the Department of Health's Nutrient Profiling Model (NPM) and specifically the 2004/2005 version². This model scores products per 100g, balancing 'negative' nutrients (energy, saturated fat, sugar, sodium) against 'positive' ones (fruit, veg, nuts, fibre, protein).
Foods ≥ 4 points = HFSS
Drinks ≥ 1 point = HFSS
This NPM score dictates whether your product faces restrictions under legislation like The Food (Promotion and Placement) (England) Regulations 2021⁶ and the upcoming advertising rules². So let’s get one thing right, accurate classification isn't just admin, it's strategic necessity.
Current Restrictions
There are rules already shaping HFSS product ads today, the Advertising Standards Authority (ASA) enforces the CAP and BCAP Codes⁴.
Broadcast (BCAP Code): No HFSS ads around TV/radio shows mainly for, or of particular appeal to, under-16s⁴.
Non-Broadcast (CAP Code): HFSS ads mustn't be directed at under-16s via media choice. No promoting poor nutritional habits. Limits on using kids' characters/celebs for HFSS products⁴. (These CAP Code rules also apply to channels like Digital Out-of-Home).
Placement/Promotion Context: Remember, rules from the Health and Care Act 2022¹ already restrict HFSS product placement in key store/online locations (since Oct 2022)⁶. Volume promotion restrictions (like BOGOFs) are currently legislated to come into force from 1st October 2025⁵
The Big Shift
This is the game-changer, mandated by the Health and Care Act 2022¹, now expected from 1st January 2026:
9 pm TV & VOD Watershed: No identifiable HFSS product ads on TV or UK On-Demand Programme Services (ODPS) before 9 pm¹,⁹.
Paid Online Ad Ban: A comprehensive ban on paid-for online advertising of identifiable HFSS products, applying 24/7¹,³. This covers paid search, social media ads, influencer marketing, display ads, etc.⁷.
The Fine Print Matters
This is important as there are still compliant avenues where savvy brands can still strategically advertise and build presence.
Digital Out-of-Home (DOOH). The new comprehensive ban specifically targets paid online (internet-delivered) advertising and does not include Digital Out-of-Home (DOOH) advertising. However, existing broader CAP Code rules regarding responsible HFSS advertising (as detailed above) continue to apply to all DOOH placements⁴.
Brand Advertising. Ads for brands selling HFSS might be allowed if no HFSS products are shown (requires careful interpretation)³,⁸.
SMEs. Businesses under 250 employees are exempt from these new TV/online ad restrictions⁸. In the UK that’s over 90% of food and drink manufacturers (although they account for only roughly 25% of the sales). Also, before you get excited, keep in mind that there are rules around Autonomous, Linked and Partner classifications for calculating the number of employees for UK based entities within a group of companies.
Audio. Radio and podcast ads remain exempt from these new specific restrictions⁸.
Online Specifics (Exempt from the new online paid ad ban):
Your brand's own website and organic (unpaid) social media posts (owned media)⁷.
Factual product information and online e-commerce listings essential for purchase³,⁸.
Think Smarter for January 26th
With the new ad restrictions now set for 1st January 2026¹ the road ahead demands foresight and agility from brands. While this revised date offers a clearer timeline for implementation, continued monitoring of government updates⁸ and anticipated regulatory scrutiny (particularly concerning the nuances of brand advertising interpretations³,⁹) will be important but doesn’t change the overall need to act now…
Audit Rigorously. Classify every product via NPM²; this critical first step will inform your entire go to market strategy.
Reformulate Strategically. Where commercially and technically feasible adapt products to become non-HFSS, aligning with the clear direction of public health policy⁸ and evolving consumer trends.
Rethink Media. The Exempted Playing Field: Shift budgets decisively. The new landscape isn't a total blackout; it's a challenge to creativity and strategic channel selection. Focus on:
Compliant Brand Creative. Master advertising that builds your brand equity without featuring identifiable HFSS products, a permissible route across most channels including TV and online with careful execution³,⁸.
Digital Out-of-Home (DOOH). While all DOOH creative must still adhere to existing CAP Code rules for responsible HFSS advertising⁴ (especially concerning children), it remains exempted - as an agency we love a high impact OOH so this recent amendment was positive.
Focus on Owned Digital Channels. Your brand’s own website, apps and organic social media posts are exempt from the online paid ad ban⁷,⁸. These are now even more crucial touchpoints for direct consumer engagement demanding investment into compelling, valuable content.
Earned Media & PR. Genuine, unpaid editorial coverage or influencer mentions remain outside the scope of "paid-for" advertising.
Direct Marketing. Communications to your existing opted-in customer database (e.g., email newsletters) are not part of the online paid ad ban, though data protection (GDPR) and general CAP Code rules apply.
Point of Sale (POS). While product placement in-store is restricted for HFSS items⁶, in-store advertising materials are a separate consideration, governed by existing CAP rules.
Audio Advertising. Radio and podcasts (online or broadcast) remain fully exempt from these new advertising restrictions⁸ creating a fascinating opportunity for creatives and strategists to explore.
Experiential & Sponsorships. Carefully structured brand-level sponsorships or experiential events that do not advertise identifiable HFSS products can also be explored, though these require meticulous planning to ensure compliance
Who's Watching (and What Are They Looking For?)
The Advertising Standards Authority (ASA)³ is tasked with policing the online ban and VOD watershed, while Ofcom⁹ oversees the TV watershed. A key aspect these regulators watch for online is whether an ad is "paid-for." This critical definition, involving payment (cash or kind) for the right to publish the ad, is guided by bodies like IAB UK⁷ and interpreted by the ASA³, determining which online activities fall under scrutiny. The regulators also assess if advertisements are targeting UK consumers, as the rules apply to such ads regardless of the advertiser's location, bringing them into the scope of UK oversight³,⁹.
The HFSS Challenge is Here
At Freak we are seeing ongoing industry evolution across our client base, accelerated product reformulation, a decisive pivot to non-HFSS product lines and creative exploration of owned media with major investments taking place on organic social. The 1st January 2026 regulations are a watershed moment, literally and figuratively. The pressure to adapt isn't likely to ease, even with government u-turns. They demand significant change from the UK food and drink industry. In this dynamic landscape, mere compliance is insufficient, strategic adaptation is key. It’s a challenge but also an opportunity to innovate, build trust and find smarter ways to connect with consumers in a new regulatory reality. For those brands who dare to be different, a rare opportunity to take advantage of a shake up to the status quo.
Department of Health and Social Care (DHSC). Guidance on the Nutrient Profiling Model. (Available at: gov.uk)
Advertising Standards Authority (ASA). Regulatory Information and Guidance. (Available at: asa.org.uk)
Committees of Advertising Practice (CAP/BCAP). UK Advertising Codes (CAP & BCAP), including specific sections e.g., BCAP S.32, CAP S.15. (Available at: cap.org.uk / bcap.org.uk)
The Food (Promotion and Placement) (England) (Amendment) Regulations 2024 (SI 2024/1266). (Available at: legislation.gov.uk)
The Food (Promotion and Placement) (England) Regulations 2021 (SI 2021/1368). (Available at: legislation.gov.uk)
IAB UK (Internet Advertising Bureau UK). HFSS Advertising Guidance (e.g., "Does the HFSS online ad ban apply to your ad?"). (Available at: iabuk.com)
HM Government / Department of Health and Social Care (DHSC). Official Guidance, Policy Documents and Announcements on HFSS Regulations. (Available at: gov.uk)
Disclaimer: This document provides a general overview for informational purposes only and does not constitute legal or regulatory advice. Businesses should seek independent legal counsel to ensure compliance with specific UK regulations. The regulatory landscape is subject to change. Information is based on understanding as of April 2025.
Author:
Stuart Willison - strategically builds high-performing creative teams, tools and processes that make Freak groundbreaking.
