New advertising rules for food products begin in 2026

As outlined in the updated UK Advertising Codes, from 5 January 2026, advertisements for "identifiable" less healthy items will be prohibited during certain hours on television and on on-demand services, as well as in paid online media at all times.

Iona Silverman, an Intellectual Property & Media Partner at Freeths, highlighted these changes stating "From 5 January, strict new rules will prohibit advertising ‘less healthy’ food and drink on TV between 5.30pm-9pm and in paid online ads at any time." She further elaborated on the implications of these updates, noting that the ASA statement clarifies various aspects of the new regulations. Silverman remarked, "today’s ASA statement adds important clarifications - from treating programme sponsorship as advertising, to tightening restrictions around HFSS products, influencer content and what counts as a ‘recognisable’ less healthy item."

While brand advertising is still allowed, Silverman points out that the exemptions are quite limited, and significant compliance obligations will apply particularly to larger brands. "SMEs benefit from specific reliefs, but larger brands must prepare for significant compliance obligations," she stated. The emphasis on these new guidelines indicates that they are to be taken seriously, as breaches could have legal ramifications. Silverman concluded, "this is a complex and fast-moving area, and brands should review campaigns now to ensure they are ready."

As the advertising landscape evolves, businesses must adapt to these changes and ensure compliance with the new legislation to avoid potential penalties.