After many years of delays and debate, the latest restrictions around the promotion of ‘less healthy food and drink’ (LHF) products finally came into effect on 5th January. A watershed moment for the industry, brands impacted by the rules have had to significantly adapt creative campaigns featuring LHF products and divert marketing spend from traditional TV/online advertising to other channels.
But this isn’t the first time the industry has had to adapt and evolve to new restrictions. The 2018 Soft Drinks Industry Levy, 2022 HFSS location restrictions and last October’s ban of promotional deals for HFSS have already impacted food and drink brands.
Whilst many businesses have voluntarily been following the latest rules since October and preparing for the tightening of the regulations there is still some confusion within the industry over what is in scope, what isn’t, how will it be enforced and what does it actually mean longer term?
HFSS vs LHF
HFSS (High fat, salt and sugar) is a broad classification of foods exceeding certain thresholds on the Government’s Nutrient Profiling Model (NPM). Existing rules have been in place since 2022, limiting in-store promotions (aisle ends and checkouts) and advertising aimed at children (below 16 years old).
LHF (less healthy foods) is a specific subset of HFSS products, defined by the Government in 13 categories. These products are impacted by the newly introduced restrictions which affect advertising to all ages.
What are the regulations?
Products deemed LHF will be subject to the following restrictions:
- No TV advertising between 5:30am – 9pm
- No online advertising (such as search, display, advertorials, social media, creator) – 24/7
But what can we do?
There are a number of exemptions from the new regulations:
- Brand ads – Food/drink brands are not subject to the restrictions, as long as they don’t depict a specific LHF product
- Ads paid for by SMEs (fewer than 250 employees)
- B2B ads (although many are being cautious of the new restrictions so worth checking the details of placements before you book!)
- Audio only content (radio and podcasts)
- Owned and earned channels (press coverage, websites, organic social content)
How will it be enforced?
There is much debate within the industry about how this will be enforced, but for now, the Advertising Standards Agency (ASA) will oversee the rules, using artificial intelligence as well as manual resources to cross-check ads. However, the onus is on brands to ensure their ads are compliant with the new regulations. Those that don’t, could be subject to a fine of a maximum of 5% annual turnover for their combined HFSS brands, or up to £250,000, whichever is highest.
But what does it actually mean?
Whilst paid TV, online and social media advertising are widely impacted by the restrictions, there are plenty of other media channels (such as outdoor, radio, press and owned), where brands can continue to deliver their messaging and engage with customers.
The restrictions provide an opportunity for marketeers to think more creatively, moving away from promotional paid reliance and dialing up creative storytelling and brand building.
At Cirkle we’ve been following the developments closely for some time. We have brought together some of our experts from across Cirkle and our Accordience Group network, to share their take on what the regulations mean:
Here’s what they have to say:
Vicki Baker, Head of Retail Trade, Cirkle, on the retail impact:
“If you work in the food and drink industry, the latest HFSS legislation certainly won’t have crept up on you. Right now, we’re in ‘New Year, New You’ season – advertisers are promoting their healthiest ranges, calorie-controlled and nutrient dense.
But October’s soft launch was a major test for retailers and suppliers, as Q4 is packed with sales opportunities – Halloween, Diwali, Bonfire Night, and Christmas, all naturally driving indulgent treat promotions across categories.
What I have found most interesting though, is The Grocer’s reporting on how businesses navigated festive ad spots under voluntary regulations. Cadbury adhered and has been called out by Kantar as 2025’s most effective Christmas ad overall. More generally, festive TV ads in 2025 were more likely to evoke broader emotions such as joy, warmth and making people laugh. What brand doesn’t want to be associated with that at Christmas?
“It feels like that was the first hurdle – now there is some settling time, for the exemptions to bed in, for businesses to take stock of learnings and for collaboration between partners to ensure there’s no bumps in the road ahead. HFSS advertising to B2B audiences, for example, is exempt; but there are nuances there and it is only right for brands to be cautious at this stage.”
Jenny McMonagle, Head of Consumer, Cirkle on the impact on influencer marketing:
“The new HFSS restrictions are a real moment of reset for influencer marketing in the UK. It’s not the end of creator partnerships for food and drink brands, but the ‘stick a product in the feed and boost it’ era is over. Paid HFSS promos are off the table, which means it’s time to rewrite the playbook. Brands and agencies now have to think much harder about cultural relevance, community and brand-building, and not just what converts in-feed. The opportunity is to create work people actually choose to engage with, through organic storytelling rooted in shared values. The brands that win will be the ones brave enough to evolve.”
Victoria Murphy, Director and Food & Drink Specialist, Grayling on the HFSS policy landscape:
“These HFSS advertising restrictions come after years in development, but with little fanfare – not least because many businesses have been voluntarily complying since the autumn. With enforcement mechanisms now in place, it will take time for regulators to navigate the inevitable grey areas and clarify their position. Open dialogue with industry will be essential to ensure early teething troubles are ironed out and, even where the rules are unclear in specific applications, it’s important that businesses can clearly evidence that decision-making is rooted fully within the spirit of the law. While this marks the final step in a long‑planned suite of HFSS interventions, it is unlikely to be the last. Mixed messages from Government reflect competing political priorities, leaving the future landscape uncertain. Attention now turns to the forthcoming Food Strategy, which is expected to signal Defra’s next steps in tackling obesity.”
Tommy Gibbs, Head of Corporate Reputation, Cirkle on the reputational challenges:
“The soft launch in October gave brands plenty of time to get ready and regardless, the majority of big food and drink companies have been inadvertently preparing for tightening regulations for years through reformulation and portfolio shifts toward healthier options. So the 5th January deadline doesn’t mean a massive change for many organisations.
“The major players have legal teams covering every angle of the new advertising restrictions. It’s the businesses who are just in the threshold of the regulations (>250 employees) who are most at risk They need to stay sharp navigating HFSS compliance in their marketing strategies over the coming weeks.
“From a reputation perspective, it will be interesting to see how tightly it will be regulated, and who might become the poster child for flouting the rules. That’s when things could get interesting.”
If you’d like to talk more about how the regulations might affect your marketing strategy in 2026 and beyond, get in touch.