The government is delaying the introduction of the HFSS advertising ban until next year, ministers have confirmed.
Today’s backtrack follows a major stand-off and the threat of legal challenges over the rules, which companies claimed would catch branded ads in the net of the new TV watershed and online ban.
The long-awaited move to outlaw junk food ads on TV before 9pm and a total ban online was due to come into force this October, but will now come in from 5 January, 2026.
Food and advertising industry bosses had been locked in a dispute with ministers and advertising watchdogs over how guidance should be interpreted for ads that do not feature specific HFSS products.
As The Grocer exclusively revealed at the time, ministers were warned they would face a series of legal challenges from advertisers if the ban went ahead. Companies warned that brand ads were being inadvertently caught by the ban, despite repeated statements from the government asserting that was not its intention.
In a statement today health minister Ashley Dalton said: “These restrictions are designed to reduce children’s exposure to less healthy products, based on evidence that they contribute to childhood obesity, as well as incentivise businesses to reformulate their products and help create a healthier food environment.
“Alongside this and in support of this government’s growth mission, we want to deliver proportionate regulation that balances the health benefits with the impacts on businesses.”
Ministers also revealed major supermarkets had offered to voluntarily implement the ban from October, in an attempt to dampen an expected backlash from the health lobby.
Brand advertising exemption
The move echoes calls companies have been making for months. In April, food companies had warned they would take legal action to challenge the ban unless government agreed to rewrite the regulation.
The Grocer revealed talks involving both supermarkets and major food manufacturers had reached deadlock, despite a statement by ministers that the new 9pm TV watershed ban and total ban online was not intended to block brands ads, including supermarkets’ big-budget Christmas campaigns.
Final guidance on the rules from the Committees of Advertising Practice and the Advertising Standards Authority was due to have been released by the end of this month, but it is understood ministers have been persuaded that the only way to remove confusion is to rewrite the regulations.
Dalton’s announcement continued: “My statement on 7 April reconfirmed to the House the government’s intentions that brand advertising is out of scope of the restrictions and that businesses will still have opportunities to promote their brands, provided that their adverts do not identify a specific less healthy product.
“We have listened carefully to the concerns that industry stakeholders have raised around the Advertising Standards Authority’s (ASA) implementation guidance. We are aware that many brands have prepared advertising campaigns in good faith ahead of the restrictions’ current coming into force date of 1 October 2025 and remain concerned about how these adverts will be affected by the ASA’s approach to implementation.
“We want to support economic growth and ensure that industry has confidence to invest in advertising but, at the same time, protect children from advertising of less healthy products. To that end, I am announcing today that the government intends to make and lay a statutory instrument (SI) to explicitly exempt ‘brand advertising’ from the restrictions.
“The SI will provide legal clarification on this aspect of the existing policy, as it was understood and agreed by parliament during the passage of the Health and Care Bill. This will enable the regulators to deliver clear implementation guidance and mean that industry can prepare advertising campaigns with confidence.
“To allow time to consult on the draft SI, we will amend the formal date these restrictions come into force to 5 January 2026 instead of 1 October 2025.
“However, in agreement with the government, advertisers and broadcasters, with the support of online platforms and publishers, have made a clear and public commitment to comply with the restrictions as though they would still come into force from 1 October 2025.”
She added: “This is a successful resolution that enables us to fulfil our manifesto commitment to implement this long-awaited policy while supporting businesses. The restrictions will help protect children from the harms of junk food advertising and help meet our ambition of raising the healthiest generation of children ever.”
Legal guidance adds clarity
Industry bodies have responded to the news, with the BRC’s assistant director for food Andrea Martinez-Inchausti saying it “welcomes the additional clarity by government on advertising restrictions around less healthy food products”.
“Importantly, it means businesses and brands can now make an informed decision on what advertising is permitted.”
Stephen Woodford, CEO of the Advertising Association, said: “Today’s decision from the government simply clarifies what has always been the intended policy behind the new restrictions, that companies will be able to advertise their brands provided the ads do not identify a specific less healthy food product. Until now, there has been confusion over this point.
“The government’s decision to write it into law provides much-needed clarity and certainty for businesses across the food, retail, and hospitality sectors. Their advertising investment helps support the UK’s public service and commercial broadcasters, journalism, publishing, online services like search and social media, and charity partnerships.”
Rob Newman, director of public affairs at ISBA, described the government’s announcement as a ”pro-growth and pro-public health intervention”, adding that it ”ensures that brands can continue to commit their advertising spend to the UK, while at the same time it incentivises the reformulation of products which is at the heart of the restrictions.
“We look forward to working with the regulator to swiftly finalise the guidance for advertisers under the new rules.”
The IAB’s head of policy and public affairs, Sinead Coogan Jobes, said the ban brings “welcome clarity” and is “essential for this ban to be workable”, adding that ”today’s news shows that a common sense approach has prevailed”.
Coogan Jobes also called on all IAB UK members to voluntarily abide by the ban on LHF product-based advertising online from 1 October 2025 as a ”show of good faith” and in preparation for the legal enforcement.
Health campaigners ‘disappointed’
However, health groups reacted furiously to the backtrack on junk food marketing.
“This government committed in its manifesto and via the King’s Speech to ending junk food ads targeting children,” said Katharine Jenner, director of Obesity Health Alliance.
“But just like its predecessor, it appears to be caving to industry pressure and delaying the implementation of these long-overdue restrictions.
“We’re seeing the result of a coordinated attack by companies selling the unhealthiest food and drinks and the advertising industry, all working to weaken the policy and delay action.
“It’s deeply disappointing that the government is allowing those who profit from unhealthy food to shape policies that should protect public health. I hope we can work together to find a solution, one that finally puts children’s health first.”
Nicki Whiteman, interim CEO of non-profit organisation Bite Back, said: “We cannot continue to allow junk food companies to march free-rein over the minds of our children. We stopped tobacco doing it years ago, it’s time now to reset the stage with food.
“Without these news rules, junk food will continue to bask in the marketing spotlight, while the wishes of parents are ignored and children’s health is deprioritised. We had faith in the promises of this government and hoped they would be the first to stand up to lobbying from industry moguls. We hope we were right to.”
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