Less healthy food and drink (HFSS) ad ban: What it is & how it works

From 1 October 2025, paid-for online ads for ‘less healthy’ HFSS (high fat, salt, or sugar) products will be banned by law. The ban applies to all UK-targeted ads, regardless of the audience's age. There’s also a ban on TV ads before 9pm, but this explainer only focuses on the online ad ban.  

The details of the ban are set out in law and the final secondary legislation was made in December 2024, specifying the precise types of products in scope of the ban and detailing the exemptions, which apply to SMEs and for audio-only media/ads on the internet.   

How do I know if the ban applies to my ads?  

Our flowchart sets out the factors you need to consider, and there are more details below, including details on guidance for industry.  

Which ads are banned?  

Paid-for advertising for ‘identifiable’ HFSS products (high fat, sugar or salt) that are classified as ‘less healthy’.    

This applies to ads that feature or refer to an ‘identifiable’ less healthy product or products, or a brand logo that has the effect of identifying a specific less healthy product or products (see also ‘what about brand advertising?’ below). 

‘Identifiable’ means that an average consumer could easily recognise the product(s) from the ad.   

A product is considered ‘less healthy’ if both of these points apply:  

1. It is classified as HFSS (high fat, sugar, or salt) by the nutrient profiling model. This has been in place for many years and brands and advertisers are likely to know if their products are HFSS or not. For more information see the Advertising Standard’s Authority’s explainer   

AND  

2. It is in one of the ‘less healthy’ product categories within the HFSS bracket.  See the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 for a detailed list, as well as explanatory guidance from the Department for Health and Social Care on the food and drink categories in scope.   

Are there any exceptions?  

Yes, some ads are still allowed, such as:  

• Ads for HFSS products that aren't classified as ‘less healthy’ according to the criteria above. These ads must follow the existing rules in the CAP Code  

• Ads in audio-only content/media or audio-led platforms, such as podcasts (if they are audio-only), or music-only streaming services  

• Ads paid for by SMEs (fewer than 250 employees) advertising products that they make or sell   

• Non-paid for marketing in brands’ own media (e.g. websites, organic social content)  

• B2B ads  

• Digital out-of-home ads  

What are the rules for HFSS ads that are still allowed?  

All permitted online HFSS ads must follow the CAP Code, which prevents targeting under-16s. This includes both ads for HFSS products and brand ads that have the effect of promoting an HFSS product.   
 
On-demand & IPTV rules  
If the service is regulated by Ofcom, the 9pm watershed rule applies. If not, the online ad ban applies.  
 
Who is responsible for complying with the ban?  
The ban is linked to paying to advertise, so whoever pays for an ad campaign (usually the advertiser) has to make sure their ads are in line with the law. Other companies involved in delivering the campaign are not legally responsible but should be aware of the rules. Companies might want to update their own processes and terms and conditions to reflect the new ban.  

What happens if an ad breaks the rules?   

The advertising regulator, the ASA, will enforce the rules and it has a range of powers it can use if an ad breaks the rules. It can also refer an advertiser to Ofcom, which has the power to impose fines.  

Where can I get detailed guidance?  

In addition to the Government’s guidance on in-scope productsCAP, the bodyguidance on in-scope products, CAP, the body responsible for the UK advertising rules is updating the CAP Code and producing industry guidance on how to comply with the ban. It will consult on revised draft guidance in January 2025. CAP expects to publish final guidance in spring 2025, subject to sign-off from Ofcom and the Government. See our article on CAP’s January 2025 update for more details. 

Frequently asked questions  

I’m not an advertiser – do these rules affect me?  

The ban applies to paying to advertise online – if you’re not a paying advertiser, you are not responsible for complying with the ban, but you should take steps to avoid hosting or delivering banned ads.  
 
Does the ban apply if we’re advertising in adult-only spaces, or only to adult audiences?   

Yes, it applies regardless of the audience age.  
 
Are digital out-of-home ads banned?   

No, they’re not part of the online ban. The existing CAP Code HFSS rules still apply to these ads.  
 
Does this only affect display advertising?  

No, it covers all paid-for advertising for LHF products online (except in audio-only media) such as search and social, video, in-game and in-app, etc. The only exceptions are those listed above. The ban applies to all ad formats including: 

• Paid-for listings on price comparison or aggregator services, such as sponsored listings on food delivery services 

• Paid-for online display advertising, such as banner ads on news websites and apps, swipe to buy 

• Paid-for online video advertising, such as video ads served before or during the content on video sharing sites 

• Paid-for online social media advertising, such as in-feed advertising on social media. 

• Paid-for search listings, such as sponsored links on search engines 

• Paid-for influencer marketing, such as influencer posts paid for/sponsored by an advertiser 

• Paid-for newsletter advertising, such as banner ads in a cookery newsletter 

• Paid-for advertisements distributed through web widgets, such as those located on the sidebar of websites 

• Paid-for advertorials 

• Paid-for advergames 

• Paid-for sponsorship  
   

What about brand advertising? 

The law does not make reference to brand advertising (i.e. advertising by brands that does not explicitly refer to or feature products). The ban applies to ads for identifiable LHF products and the test is whether an average UK consumer could identify a particular ad as being for a less healthy product or products. Therefore, a brand ad could be in scope depending on the specific content and context. 
 
CAP’s guidance will address the scope of the ban and how it relates to brand advertising. For more details see our article on CAP’s update published in January 2025.  
 
What about social media ads?  

The ban applies to paid-for social media ads for ‘less healthy’ products, but not other content. The CAP Code rules still apply to advertising/marketing that is allowed, whether it’s paid for or not.  
 
Do these rules apply to alcohol ads? 

 No. Alcohol ads have separate, existing rules.  
 
How do the rules apply to IPTV (Internet Protocol TV)? 

 The 9pm TV watershed will apply to Ofcom-regulated IPTV services - the same as other Ofcom-regulated TV and on-demand programme services.