HFSS advertising ban comes into force

As of 5 January 2026, advertising restrictions of HFSS products came into force across England, Wales, Scotland and Northern Ireland. This marks a major regulatory milestone in the drive to tackle unhealthy diets, especially among children and young people. These new rules finalise the set of policies initially outlined in the Childhood Obesity Strategy that have been phased in over several years; from placement and promotional controls to now advertising restrictions on television and online. 

What do the advertising restrictions entail? 

The restrictions will prohibit the advertising of HFSS products on television between 5:30am and 9pm, with a total ban online. This includes digital marketing, paid online ads and paid influencer marketing (including via gifts) which are significant channels for many brands.    

These new restrictions could be seen as an expansion of previous legislation.  In 2007, advertising restrictions prevented marketing on children's broadcast tv, and in 2017 restrictions broadened to online and out of home media where under 16s make up more than 25% of the audience and prohibited targeted advertising across children's media.  

Why is the Government implementing this legislation? 

The Government expects these changes to remove up to 7.2 billion calories from children’s diets each year, reduce the number of children living with obesity by 20,000 and deliver around £2 billion in health benefits over time.  

With the government progressing with its preventative focused NHS 10 Year Plan and the introduction of mandatory reporting, policy framework is evolving. The implementation of the HFSS volume promotion restrictions represents another step forward in the UK’s ambition to create a healthier food environment.

What does this mean for businesses? 

The advertising restrictions were originally due to take effect in October 2025, alongside voluntary industry compliance that began earlier last year. However, the formal legal implementation was moved to January 2026 to allow time to clarify the treatment of brand advertising in secondary legislation. During this interim period, advertisers and broadcasters largely complied as if the rules were already in force. 

Consequently, several large businesses opted to comply early, removing HFSS advertising from their campaigns. The impact of which has come under scrutiny due to the minor changes made to advertising; while HFSS product advertising is restricted, brand-level advertising remains out of scope, allowing companies to market through more general brand-building activities. For example, the annual Coca Cola Christmas advert will continue to be permitted through brand only advertising or their non-HFSS ‘Diet’ or ‘Zero’ products could be featured.  This trend is likely to continue as companies move their advertising spend more towards brand building. 

Additionally, outdoor advertising spend by food companies increased by 28% between 2021 and 2024, a channel not covered by the advertising restrictions, which followed the government’s announcement in July 2020 of the forthcoming ban on TV and online advertising. 

IGD opinion 

The increased regulations on HFSS advertising mark a clear shift in how food and drink brands will need to engage with shoppers. Strategic planning is now essential, with greater emphasis on reformulation, healthier variants and brand-building that doesn’t rely on paid-for product advertising. 

While the restrictions are significant, they don’t close off all routes to market. Unpaid-for channels such as owned media, organic social and subscription notifications remain available, as does outdoor advertising. Used effectively, these channels can still drive awareness and purchase. 

It’s also worth noting that the Government seems to plan to do more in this space. The volume price promotions that came into force in England on 1^st October 2025 are due to be implemented in Wales from March this year and towards the end of the year in Scotland. It’s likely businesses have already implemented these changes across the devolved nations; therefore it’s simply a case of formalising the legislation. Additionally, discussions around mandatory reporting and modernising the Nutrient profiling model that sits behind these restrictions are ongoing.  

Despite the legislation not encompassing brands, the projections by the Government to reduce the number of children living with obesity by 20,000 and deliver approximately £2 billion in health benefits over time provide cause for optimism, particularly when viewed alongside the suite of policies that the government has implemented in regards to HFSS products. With mandatory reporting and potential changes to the Nutrient Profiling Model on the horizon, businesses should plan beyond compliance and embed health more firmly into long-term strategy.