Food ad ban which will 'end Christmas adverts' delayed until January
Broadcasters will voluntarily introduce the new rules from October and it will become law next year
A mother and her two sons sit on the sofa enjoying a home movie night
Government plans to ban TV advertising for products high in fat, salt and sugar (HFSS) before 9pm will be delayed until January 2026, following concerns from food and media brands and confusion over enforcement guidelines. The delay to the ban, which was to have come into effect from October, comes as ministers prepare to amend legislation to ensure brand-only advertising, which does not show specific HFSS products, is not caught under the rules.
Regardless, key industry stakeholders including ITV, Channel 4, the Advertising Association and the British Retail Consortium, have committed to complying with the restrictions from October 1. The restrictions will legally take effect on January 5.
A Government spokesman said: 'Obesity robs children of the best start in life and sets them up for a lifetime of health problems, which costs the NHS billions. We have secured a unique and public commitment from advertisers and broadcasters so that from October 1 2025, adverts for identifiable less healthy products will not be shown on TV before 9pm or at any time online, and this will be a legal duty from January 2026.
'The junk food advertising restrictions on TV and online are a crucial part of our plan for change to raise the healthiest generation of children ever. By reducing children's exposure to junk food advertising, we will remove up to 7.2 billion calories from UK children's diets each year.'
It is understood that a four-month pause will now allow the Department of Health and the Advertising Standards Authority to work on a clearer interpretation of the restrictions. This is despite many retailers, including major grocers, previously committing to a voluntary October 2025 start.
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An Advertising Standards Authority (ASA) spokesman said: 'The Government has set out its intention to bring in amending legislation to push back the implementation date on LHF (less healthy food and drink) ad restrictions and to consult on changing the law on brand exemption. We recognise the importance of this issue for a range of stakeholders, therefore, together with Ofcom, we will now carefully assess what this means for the process to develop and implement the rules and guidance and will provide a further update as soon as possible.'
The decision comes amid concerns raised by retailers and broadcasters about the impact of the ban. In April, the Government was forced to reassure businesses that pure brand messages are not 'in scope' of the upcoming ban. However, it added that brands might have to be more creative in the way they showcase their food ranges.
Addressing the House of Commons last month, health minister Ashley Dalton said, 'While it is for a court to interpret the legislation, the Government's view remains that pure brand advertising is not in scope of this policy. This is because the legislation only restricts adverts that could reasonably be considered to be for identifiable less healthy products, and not adverts that could be reasonably understood to be advertising brands.
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'We therefore expect that businesses will still have opportunities to promote their brands, provided that their adverts do not identify a less healthy product.'
Ms Dalton also said that the final interpretation of the junk food ad guidelines would be up to regulators, with the law providing 'considerable discretion' in how the new rules can be enforced. Speaking at the Retail Technology Show earlier this year, M&S chairman Archie Norman said the government's new HFSS advertising rules 'probably mean we can't run a Christmas ad', due to many festive foods not adhering to HFSS guidelines.
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