How the UK’s ‘less healthy food or drink’ ad ban will affect digital marketing
If you run a restaurant, hotel, café, food/beverage brand, pub, or any hospitality or retail business, you need to know about the UK government’s crackdown on marketing ‘less healthy’ HFSS (high in fat, sugar, or salt) products.
Come October 2025, new UK legislation will ban all paid online advertising for products classed as ‘less healthy food or drink’ (LHF). That includes everything from pizzas and puddings to crisps to croissants. For many brands, that means some of your most tried-and-tested digital campaigns will suddenly become illegal.
But don’t panic! With the right knowledge and some strategic pivots, there are ways to adapt. Here, we’ll break down what’s changing, who’s affected, what you can and can’t do, and how to evolve your digital strategy to comply while still converting.
JOIN ONE OF our EVENTS across the UK
We’re hosting events throughout the UK focused on LHF/HFSS lesiglation, featuring the people who know the rules inside out. Join us in June to make sure you’re equipped to handle the change AND inspired to make this work for you and your brand!
Sign up below to know when we announce dates, locations, and panel guests.
So… how did we get here?
Before we get into how these new advertising regulations could impact your digital marketing strategies, here’s a quick timeline of the story so far:
2018–2020: In the face of rising concerns about childhood obesity, the UK government held consultations on how to restrict HFSS ads on TV, social media, and across the web.
2021: A formal proposal was announced to introduce a 9pm watershed on TV for HFSS ads, and a total ban online.
2022: The Health and Care Act 2022 was passed, amending the Communications Act 2003 to enable these advertising restrictions.
September 2024: The UK government publishes their final policy details and secondary legislation — the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 — confirming the rules will come into force on 1 October 2025.
What do the LHF advertising rules actually say?
When the LHF (less healthy food) legislation comes into effect on 1st October 2025, here’s what the limitations will be:
A total 24/7 ban on paid online ads for HFSS (high-fat, -salt, -sugar) products: in other words, you won’t be allowed to run paid digital advertising promoting food or drink classed as HFSS. This covers all forms of paid digital media: social media ads, search engine ads, display banners, paid influencer content, in-app ads... you name it. If it’s an ad for an HFSS product aimed at UK audiences, it’ll be prohibited.
A 9pm watershed for HFSS ads on TV: HFSS food or drink commercials can’t air on the telly (including on-demand TV services) before 9pm each night.
Some other forms of advertising are exempt! Out-of-home ads, for example, are still on the table — including digital ones. Audio-only ads get a pass, too, so radio ads and podcast sponsorships are safe.
What exactly are ‘HFSS products’?
The scope of products falling under the ban hammer are dictated by the 2004/2005 Nutrient Profiling Model, and include:
Soft drinks
Cakes
Chocolate confectionery and sugar confectionery
Ice cream
Baked goods (like pastries) and puddings
Sweet biscuits
Breakfast cereals
Yoghurts
Milk-based drinks with added sugar
Juice-based drinks with added sugar
Pizza
Ready meals
Crisps and savoury snacks
A product is deemed ‘less healthy’ if its nutrient profile score is high – specifically, if it scores 4 or more (for food) or 1 or more (for drinks) on the Nutrient Profiling Model (which assigns points based on sugar, salt, fat, fruit/veg content, etc.)
There are also some exceptions here! Such as infant formula/baby foods, medicinal meal replacements, and foods for special medical purposes. Those won’t be treated as HFSS even if their content is high in fat/sugar, because they serve a particular health need.
And what exactly are ‘paid online ads’?
Something that’s easy to overlook is: the LHF advertising ban covers paid advertising, not advertising in general. Organic, in many cases, is still totally fine. And — hallelujah! — UGC (user-generated content) won’t be affected by the regulations (unless you’re paying a creator/influencer for it).
The legislation affects:
Paid social media advertising (paid boosts, sponsored posts)
Paid search ads (Google Ads, for example)
Display ads on websites and apps
YouTube/online video ads
Paid influencer marketing (any compensation in money or gifts that results in a promotional post is considered an ad)
Affiliate marketing links or banner placements that a brand pays for
So if you post a photo of a burger on Instagram or a video of a pizza on TikTok but don’t put any ad spend behind it, you should be okay (so long as you’re abiding by all the other laws governing social media content).
Likewise, if an influencer posts a photo or video of your meals or products, and you reshare that content, you’re good to go. But you can’t boost the post, or give the creator any kind of financial incentive.
Advertising vs. placement
There’s an important distinction I want to mention briefly: these laws are from the LHF advertising restrictions, which come into effect in October 2025, but there are also the HFSS placement restrictions, which have been enforced since 2022.
The advertising restrictions govern how HFSS products can be promoted through paid ads
The placement restrictions dictate how HFSS products can be displayed in retail environments — both brick-and-mortar, and online
So, advertising restrictions will prohibit on-site banner ads, but placement restrictions have a whole lot more limitations, e.g. supermarkets aren’t supposed to feature HFSS goods on the homepages of their websites.
This write-up is focused on the advertising restrictions, but the placement restrictions will no doubt come up in the discussions we have at our upcoming events, so do come along to get more in-depth, comprehensive insights from industry experts.
A silver lining: small businesses are exempt
Only companies with 250 or more employees will be subject to the ad ban, so not every small bakery or local pub will be caught by the legislation.
This SME exemption was built in to avoid burdening small businesses. So an independent family-owned restaurant can technically still advertise its burgers online. But big players – e.g. national restaurant chains, major snack manufacturers, global beverage companies – will be affected.
How HFSS laws affect the hospitality industry
Brands vs. products
Think about brands like McDonald’s for a sec. Some of their most famous ads in recent years have been celebrated for how they’ve promoted their products without showing them at all. McDonald’s lean on their familiar golden arches a lot.
So that begs the question... can you run paid ads for a brand known for selling HFSS products, so long as the HFSS products aren’t directly featured?
The answer is maybe…. discussions are ongoing. Sorry, but that’s how complicated this is at the moment (April 16th 2025)
There was some confusion about this early in 2025, health minister Ashley Dalton stated:
“While it is for a court to interpret the legislation, the government’s view remains that pure brand advertising is not in scope of this policy. This is because the legislation only restricts adverts that could reasonably be considered to be for identifiable less healthy products, and not adverts that could be reasonably understood to be advertising brands. We therefore expect that businesses will still have opportunities to promote their brands, provided that their adverts do not identify a less healthy product.”
Then, on April 7th 2025 a Ministerial statement stated that brand advertising is, infact, out of scope. The ASA is considering how to proceed given the legal advice they received at the start of the year.
So, watch this space, we’ll have clarity on this soon enough. Come to one of our panel events in June to ask all the questions you need.
Who is responsible for complying with the ‘Less Healthy Food’ ad ban?
The primary legal responsibility for compliance falls on the advertiser — that is, the party paying for the ad. Other companies involved in delivering the campaign (e.g. marketing agencies) are not legally responsible, but they should absolutely be aware of the rules, because non-compliance can still result in reputational damage, broken contracts, or ASA action.
Companies might want to update their own processes or terms and conditions to adhere to the new restrictions.
How should I advertise my HFSS products going forward?
The big question is: what now? First of all, again, don’t panic. There are a million-and-one ways to creatively comply with the regulations, and (especially if you work with a digital marketing agency with 10+ years of experience in the hospitality industry) your new strategy might even drive better results.
Here are a few ideas:
Storytelling: The experience, your customers, your story, all of this goes into what makes your business a success. Free yourself up and look for the stories around you. Have fun, or set rules, whatever makes you tick. Get clever and then get weird. Most likely you’re working with a creative agency already, if they can’t get you new ideas then start looking for who can.
Spotlight your healthier products: not everything on your menu or product line will be classed as HFSS. Highlight and promote the things that aren’t (while still adhering to ASA guidelines on what’s okay and what’s not) — salads, zero-sugar drinks, fruit pots, plant-based options, etc. If you don’t have any, now’s a good time to start developing some. Not just for the law, but for health-conscious customers, too. Pair this with an SEO strategy targeting keywords related to specific dietary requirements and preferences, and you’ll be onto a winner.
Reignite your organic content: unpaid posts on your own social channels and blog are still allowed. So even if you can’t boost a burger pic, you can still post it — and let your followers do the sharing. User-generated content (UGC) and loyalty programmes will also become more valuable. Include UGC in your email marketing, too! And don’t forget about on-site image galleries, Google Maps, and other evergreen spaces.
Turn compliance into PR: don’t just silently remove HFSS ads — use this as a moment to say something. You could be transparent, and say you’re making moves to offer healthier products. Or you could be cheeky and rebellious, while still toeing the line. Whichever approach makes most sense for your brand’s tone of voice. (And if you’re looking for an agency to help you with some creative ideas, you’ve come to the right place.)
Upskill your team: this is less a compliance workaround, and more a general tip — make sure your team, your agencies, and influencers you work with are up to speed on what’s allowed. Sending them this article would be a good start, naturally.
The HFSS legislation marks a major shift for UK hospitality marketing. It’s arguably one of the biggest advertising shake-ups since the tobacco ad ban.
Yes, it will require marketers to rethink decades-old approaches. But it’s not the end of the world — in fact, it might push us to be more innovative and thoughtful in how we connect with consumers.
Here’s a final list of how to prepare:
Know the rules (we hope this blog made them clearer – and if you still have questions, come to one of our events)
Audit your current marketing and identify what needs to change
Get creative with brand-led content, healthier products, and alternative marketing channels
Educate your team (and perhaps even your customers) about why you’re making these changes
