HFSS advertising rules in 2026, and what food brands can still do.
Since 5th Jan 2026, ads for identifiable less healthy food and drink are off UK television until 9pm and out of paid online media altogether. It's the biggest shift in a decade for many of our clients, and for brands willing to do things differently it's a rare chance to get ahead.
Why it matters
At Freak we scan the horizon for industry shifts, and the less healthy food rules are perhaps the biggest in a decade for many of our clients. We're excited by the creative territory they open up. Like Formula 1 teams adapting to a new rulebook, the brands that adapt fastest will be at the front of the grid.
This guide sets out what we've learned working with some of the UK's biggest food brands. The rules, the definitions, the exemptions that matter and the thinking you need to work well within them.
What changed on 5th Jan 2026
The Health and Care Act 2022 gave the government the power to restrict advertising for less healthy food and drink, as part of its work on childhood obesity. The restrictions now in force cover three things.
- Television. No ads for identifiable less healthy products between 5.30am and 9pm.
- On demand. The same 5.30am to 9pm restriction on UK on demand programme services.
- Paid online. No paid online ads for identifiable less healthy products at any time. That covers paid search, paid social, display and paid influencer posts.
According to the ASA, the rules apply to all new and existing ads appearing on or after 5th Jan 2026. The ASA administers them through the UK advertising codes, and broadcast ads still go through Clearcast.
Know your score
Whether a product is caught depends on two tests. It has to fall in one of the listed product categories, and it has to score 4 or more for food, or 1 or more for drink, under the 2004 to 2005 nutrient profiling model. The model scores products per 100g, weighing energy, saturated fat, sugar and salt against fruit, vegetables, nuts, fibre and protein.
Accurate classification isn't admin. It decides your whole go to market plan, so every product in the range needs a score on record.
What's still open
The restrictions are not a blackout. There are compliant routes where smart brands can still build presence, all of them still subject to the existing CAP and BCAP rules on responsible advertising.
| Channel or case | Position from 5th Jan 2026 |
|---|---|
| Out of home and digital out of home | Outside the new restrictions |
| Radio and print | Outside the new restrictions |
| Your own website, app and organic social | Outside the paid online ban |
| Brand ads with no identifiable product | Outside the restrictions, with careful review |
| Businesses with fewer than 250 staff | Exempt from the new TV and online rules |
| Paid retail media and paid influencer posts | In scope for identifiable products |
The SME exemption is narrower than it looks. Staff in group companies, international teams and franchises can count towards the 250, so keep evidence of eligibility. And as Mishcon de Reya points out, paid placements such as sponsored retail listings and paid influencer marketing can bring an ad into scope.
How smart brands are responding
We're seeing reformulation speed up, a pivot to non HFSS product lines and serious investment in owned channels and organic social across our client base. Here's the playbook we work through with clients.
- Audit every product. Score the range so you know exactly what can be shown where.
- Reformulate where it's viable. Moving a hero product under the threshold reopens every channel.
- Master brand creative. Build brand equity with ideas that don't depend on showing an identifiable product.
- Back out of home. Out of home and digital out of home are outside the new rules, and as an agency we love a high impact poster.
- Invest in owned channels. Your site, your app and organic social now carry more of the load, so they need content worth coming back for.
- Use radio and audio creatively. Radio sits outside the restrictions and gives creative teams a fascinating brief.
- Earn attention. Genuine editorial coverage and unpaid creator mentions aren't paid advertising, so PR and creator seeding done properly matter more.
- Talk to your customers. Email and SMS to opted in customers aren't paid online ads, though data protection rules still apply.
- TV and on demand are restricted 5.30am to 9pm, paid online at all times
- Score every product against the nutrient profiling model
- Out of home, radio, print, owned media and brand ads are still open
- Paid retail media and paid influencer posts can be caught
A rare chance to be different
The pressure on food and drink marketing isn't going to ease. Compliance alone isn't enough. The brands that do well will adapt their strategy, their media and their creative. For those who dare to be different, a shake up of the status quo is an opportunity. If you'd like help rethinking your mix, our content team works on exactly this.
This guide is a general overview for information only and isn't legal or regulatory advice. Take independent legal advice on your own products and campaigns.
Sources
- New rules and guidance for less healthy food and drink advertising, Advertising Standards Authority
- Restricting advertising of less healthy food or drink on TV and online, products in scope, GOV.UK
- UK advertising rules on less healthy foods enter into force, Mishcon de Reya
Questions clients ask us.
When did the HFSS advertising restrictions start?
The UK restrictions on less healthy food and drink advertising apply to all ads appearing on or after 5th Jan 2026. The start date was originally 1st Oct 2025 and was moved by amending regulations laid in June 2025.
What counts as a less healthy product?
A product is in scope if it falls in one of the listed food or drink categories and scores 4 or more for food, or 1 or more for drink, under the 2004 to 2005 nutrient profiling model.
Are brand ads still allowed?
Ads that promote a brand or a range are outside the restrictions if they don't show an identifiable less healthy product. Getting this right takes careful creative and copy review.
Does the ban cover influencer marketing and retail media?
Yes, when it's paid. The paid online ban covers paid social, search and display, and paid placements such as sponsored retail listings and paid influencer posts can bring an ad for an identifiable product into scope.
Are small businesses exempt?
Food and drink businesses with fewer than 250 employees are exempt from the new TV and online restrictions. Staff in group companies and franchises can count towards that total, and the existing advertising codes still apply.
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