Influencer marketing: do ‘less healthy food’ laws change the game?
In hospitality marketing, welcoming an influencer for a free meal or inviting them to an exclusive event has been a tried-and-true tactic since the prehistoric era of the social internet.
But, when the upcoming ‘less healthy food and drink’ ad restrictions come into effect in the UK, these gestures can easily cross into “paid promotion” territory, even if no money changes hands.
The story so far: a recap of the new laws
The UK government are introducing an ad ban on food and drink products classified as ‘less healthy’
“Less healthy” = snacks, fast food, desserts, sugary drinks, etc. according to the nutrient profiling model
There’s a blanket ban on digital ads, e.g. paid social posts
Businesses with fewer than 250 employees are exempt from the ban
‘Pure brand’ ads — that is, ads which feature familiar brand imagery without visuals depicting ‘less healthy’ food or drink — are allowed
At one of the recent panel discussions we’ve been hosting with industry leaders from the IAB, UKHospitality, and others, Mark Smith — founder and CEO of law firm Purdy Smith — explained just how broad the concept of “payment” is interpreted under advertising regulations.
Why do influencer partnerships count as ads?
The Advertising Standards Authority (ASA) has taken the view that gifting meals, tickets, etc. creates a commercial relationship.
Even without a written contract, if the brand ‘suggests’ or ‘hopes’ the creator will post (or the influencer is — pardon the pun — influenced to post for their own engagement and growth) the ASA may treat it as advertising.
To quote what Mark Smith explained during our panel:
“If you give them a free meal and there's an agreement that they will then post about it, that will be caught because the concept of payment is interpreted very broadly.”
What this means for hospitality brands
For restaurants, bars, and event venues — especially those navigating the LHF/HFSS ad restrictions — this means that a free dinner or complimentary drinks in exchange for a TikTok post or an Instagram Story is classed as a paid promotion.
2025 updates to the Communications Act 2003 say:
“A person must not pay for advertisements for an identifiable less healthy food or drink product to be placed on the internet,” and that “paying includes providing any consideration (monetary or non-monetary).”
The exemptions we’ve written about previously still apply: pure-brand ads (which don’t depict the products themselves), ads from small/medium-sized business (fewer than 250 employees), out-of-home ads (e.g. billboards), and audio-only ads (e.g. podcasts and radio shows) are good to go, and a safe zone for influencer partnerships.
So, be cautious when working with influencers on products that will fall under the ‘less healthy’ classification.
And think creatively! Pure-brand ads are safer, and — in a world of noisy social feeds — often more engaging.
