How brands can prepare for the UK ‘Less Healthy Food’ ad ban
CAP (the Committee of Advertising Practice, who are responsible for the UK’s advertising codes) has now published a consultation on final draft guidance for advertisers on the LHF restrictions.
CAP are inviting comments and feedback on this draft guidance by 9th October.
I (Kitty) have taken it upon myself to get very comfortable with these rules so that I can work with hospitality groups to establish a compliant route to using online media to promote their brand and their food.
We’re also not looking for hacks to the rules — we’re understanding them so we have more power to create great ideas within them.
First, some caveats
This blog should in no way be used as a legal guide for your own business,
The following is focused on the ban on online advertising.
This is not an exhaustive list of the updates — you can find the full draft guidance here.
JOIN OUR DINNER IN OCTOBER
We’re hosting a dinner at The Ivy Asia in Manchester for 10 brands impacted by the legislation update.
Hosts will be: Trapeze Media director Kitty Newman, IAB policy expert Beth Rogers, and in-house legal counsel for Tesco Retail Media, Milan Patel.
Chatham House Rules! No information shared will go beyond the four walls of the private dining room.
So… how did we get here?
We’ve already written an explanation for the ban, where it’s come from, and why it’s happening now.
And we covered the ‘brand exemption’ that was confirmed by the government in the middle of September.
The ban (and everything I explain below) is mostly really relevant for you if you have over 250 employees. If you don’t, you just need to have a plan in place for when you reach that number.
Where it could affect you if you have less than 250 employees is in the delivery space (more info below).
So, without further ado, we’ll start with everyone’s favourite area…
INFLUENCERS & THE LESS HEALTHY FOOD BAN
There’s a blanket ban on paid advertising that features any ‘less healthy food’ (the sooner you come to terms with that the better!). This includes paid partnerships with influencers.
We now have clarity on whether this included ‘gifted’ partnerships as a ‘payment’.
Short answer: it does.
However, you’re still okay to send/invite creators, partners, influencers, etc. to try your product, but you can’t expect/ask them to post anything for you if it’s classed as LHF.
The official wording:
CAP Code rule 15.19 prevents a person paying for an advertisement for an identifiable less healthy product to be placed on the internet, where "paying includes providing any consideration, monetary or non-monetary". Where consideration is provided for an influencer to create content for publishing on the internet that depicts a specific less healthy product, the resulting content is likely be prohibited.
Most obviously, where the advertiser paying reaches an arrangement with an influencer to create and place such content on their social media channel (for example, a written or oral contract or other agreement), that would be deemed to be paying for an advertisement to be placed on the internet resulting in the influencer's content being prohibited.
In the case of an influencer creating and disseminating content following an advertiser gifting them a product, the ASA will assess the precise circumstances resulting in the content being created and how and where it was disseminated, including the presence of any arrangement between the parties to determine whether monetary or non-monetary consideration has been made 'for' influencer content (i.e. an advertisement has been placed on the internet).
Any kind of ‘REALISTIC IMAGERY’
Video was excluded from the original guidance. It is now included.
A "realistic image" means a realistic photo, video, or generated image — that means you, AI 👀
A brand ad cannot show a realistic image of a food/drink product without packaging if the product is indistinguishable from a specific LHF product.
So, if your ad shows non-LHF food/drink outside its packaging that looks like it may be a specific LHF product, make sure you clearly demonstrate what the product is!
As for ‘generic images’, well, this is going to be an interesting area for those of you who only have LHF products on your menu and do takeaway or sell in-stores.
A brand ad can:
Show generic product packaging that isn't specific to an LHF product (i.e. a pizza box or doughnut box)
Use non-realistic images of generic products (e.g. cartoon pizza), provided no specific LHF product is depicted
Image vs. text: any ad for an identifiable product is in scope. So, if the ad you click on names a product or uses text in such a way that a product could be identified, it will be prohibited.
LEGAL RESPONSIBILITY
The ASA (Advertising Standards Authority) recognised that advertisers normally pay online publishers, media owners, and/or other intermediaries (for example, agencies) to place online advertisements on their behalf.
In these circumstances, the advertiser will be held responsible for securing compliance.
So, it’s you, the brand, that’s got to be on top of this. We, the agency, will help you know what to do, but ultimately it’s the brand/advertiser’s legal responsibility.
DELIVERY PLATFORMS
Initially, we were expecting SMEs (under 250 empoyees) to still be allowed to advertise their LHF on delivery platforms. However, this isn’t the case now.
Delivery platforms won’t be subject to the SME exclusion (unless of course they themselves are an SME).
This was where we thought there could be opportunity for the small pizza (and other LHF) brands to make hay, but that’s not the case now (rightly, really, if the plan is to get us all eating more healthily).
So! What should you do now?
Get us in to meet with your marketing teams and, ideally, your menu/food innovation people, and we will explain what your next steps could be.
There are lots of routes to market yourself in 2026. You want to be confident you’re making the right moves now.
Most of the BIG guys have been preparing for this for a couple of years, but I know a LOT of brands I speak to are only just able to look at this now (because of the one million other things which have taken priority).
So book a 30-minute call with us and we’ll help you get a plan together.
