The ASA has dismissed complaints against several adverts from Patisserie Valerie displaying “less healthy” food over the bakery chain’s exemption as a small or medium-sized enterprise.
The advertising watchdog received two complaints, one challenging whether three Patisserie Valerie ads displaying images of cakes breached the CAP Code because they were paid ads for identifiable less healthy food products placed on the internet.
The second complainant challenged whether a further two ads featuring similar content breached the code for the same reason.
Each ad featured an image of a cake and accompanying text. For example, the first ad, seen on 5 January 2026, stated “Pistachio and Raspberry Cake” and featured an image of a cake with light green icing.
In response to both complaints, Patisserie Valerie confirmed it had paid directly for the sponsored search ads. However, the business said that as it was a small or medium-sized enterprise, it was therefore exempt from the restrictions on the advertising of “less healthy” products.
On 5 January 2026, new rules in the CAP and BCAP codes on the advertising of “less healthy” food and drink products came into force. The rules banned ads that included identifiable HFSS food and drink products on TV and on-demand services before 9pm and across all paid-for online advertising at any time.
However, these rules do not apply to businesses that employ fewer than 250 people.
On 1 January 2026, which was the first day of the financial year, Patisserie Valerie had 123 direct employees, and its six physical stores were run by independent franchisees, which totalled 69 employees. Alongside two employees subcontracted from Bakers + Baristas, this gave the business an overall headcount of 194.
As a result, the ASA did not uphold the complaints and concluded that the SME exemption applied. It also considered that consumers who saw the ads could reasonably be expected to identify that the ads were for each of the named products shown in the images.
At its peak in 2018, the bakery chain operated around 200 sites across the UK. However, in that same year, Patisserie Holdings announced that its board had been informed of possible fraudulent accounting irregularities, and it was later revealed that a black hole in the account amounted to £94m.
The business entered administration and 70 stores closed as a result.
In 2022, the business announced the closure of nine more stores after “a period of unprecedented challenges” affected some of the business’s locations permanently.
Further stores have closed in the past four years, and at the time of writing, Patisserie Valerie now operates seven stores. An eighth location is set to open tomorrow (24 June) at Ocean Terminal Shopping Centre in Edinburgh.
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