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

From 1 October 2025, a new UK law will ban paid-for ads for ‘less healthy’ HFSS (high fat, salt, or sugar) products online. This 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 explains how to work this out, and there are more details below. 

Which ads are banned? 

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

• Product advertising means ads that feature or refer to an ‘identifiable’ product, or a brand logo that is specific to an 'identifiable' product. ‘Identifiable’ means that people can easily recognise it 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 ‘less healthy’. These must follow the existing rules in the CAP Code 

• Brand advertising, if it does not include identifiable ‘less healthy’ products and the brand is not directly associated with an identifiable ‘less healthy’ product 

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

• 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 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 and 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? 

CAP, the body that looks after the UK advertising rules, will publish detailed guidance once the legal process to implement the ban is complete, and Ofcom and the Government have signed off on the guidance. 

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 formats (except in audio-only media) such as search and social, video, in-game and in-app, etc. The only exceptions are those listed above. There’s a longer list of examples of what’s included here. 

What about social media ads? 

The ban applies to paid-for social media ads for ‘less healthy’ products, but does not impact 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 Government has confirmed that the 9pm TV watershed will apply to Ofcom-regulated IPTV services - the same as other Ofcom-regulated TV and on-demand programme services.