From 5 January 2026, the UK government will introduce a ban on advertising 'less healthy' foods in a bid to tackle childhood obesity. Under the new rules, adverts for products high in fat, sugar and salt (HFSS) are prohibited on television before 9.00 pm and completely banned from paid online advertising, including social media and websites. This marks a significant shift from the previous rules, which stated that HFSS products should not be advertised through any media where more than 25% of the audience was under the age of 16. The new ban applies to products that are considered the main drivers of childhood obesity, such as ice cream, pizza, chocolate, sweets and sugary drinks. While plain oats, muesli and granola are not banned under the rules, some versions with added sugar, chocolate or syrup will be affected.
What does the ban cover?
The restrictions apply to 13 product categories, such as sugary drinks, chocolates, ice cream, sweetened cereals and certain ready meals. Products that belong to these categories will need to be assessed on whether they are considered 'less healthy' using a scoring tool that considers their nutrient levels and whether they are high in saturated fat, salt and sugar. Only products that belong to one of the 13 categories and score outside the acceptable range are included in the advertising restrictions, which are enforced by the Advertising Standards Authority (ASA).
Exceptions to the ban and what they mean
While the new advertising restrictions HFSS products are wide-ranging, there are some important exceptions. Companies are still permitted to run 'brand-only' adverts. This means they can promote their overall brand identity, such as their logo, values or company story, without showing or mentioning any specific HFSS products. For example, a chocolate manufacturer could air an advert that focuses on the company’s heritage or commitment to quality, as long as it does not feature or reference any of its chocolate bars. Additionally, the ban does not cover outdoor advertising, such as posters, billboards or in-store displays. These forms of promotion remain allowed under the current rules. Some critics believe these loopholes could weaken the impact of the policy, as brands might find creative ways to maintain their presence and influence. Nevertheless, companies must ensure that all their advertising complies with the new, stricter regulations.
The expected impact
Childhood obesity remains a major public health challenge across the UK, with the National Child Measurement Programme reporting that around one in four children are projected to leave primary school obese by 2026. In response, the UK government has introduced a ban on advertising 'less healthy' foods from 5 January 2026, prohibiting adverts for HFSS products on television before 9 pm and completely banning paid online advertising. The government estimates this measure could remove 7.2 billion calories from children’s diets annually, prevent up to 20,000 cases of childhood obesity, and deliver £2 billion in long-term health benefits for the NHS.
The UK government estimates that the ban could:
- Remove 7.2 billion calories from children’s diets annually
- Prevent up to 20,000 cases of childhood obesity
- Deliver £2 billion in long-term health benefits for the NHS
Summary
The new HFSS advertising ban represents a step towards creating a healthier environment for children and supports the government’s goal to halve childhood obesity by 2030.
However, for advertising, marketing agencies and food brands, the ban will require a significant shift in approach, and they will need to rethink their marketing strategies for HFSS products, focusing on brand building or promoting reformulated and healthier products to adhere to the new rules.
This article was co-authored by Eve Gunson, Trainee Solicitor in our Commercial team.
