Ad trade bodies are warning advertisers not to fall foul of the incoming restrictions on advertising less-healthy foods (LHF) during their seasonal marketing.
The Advertising Association, ISBA, IPA, and IAB UK have together published a one-page document explaining clearly what brands promoting fatty, sugary or salty foods can and can’t do, and are also offering online training and webinars.
Festive slogans such as ‘Don’t get Tricked when showing Treats’ and ‘Don’t be on the Naughty List’ remind advertisers that they have to be careful when crafting their Halloween and Christmas campaigns.
While brand advertising is still permitted, the trade bodies explain, advertising LHF products on TV will be restricted between 5:30 am and 9:00 pm. This rule, they clarify, will affect Ofcom-regulated on-demand programme service (ODPS) and internet protocol television (IPTV) channels. Paid-for online advertisements of LHF products will also not be permitted at any time from 1 October.
Brands can still advertise on other channels — such as OOH, cinema, and print — but they should be wary of existing rules set out by other bodies (eg, Transport for London).
In terms of the creative, ads should neither name nor show LHF products. While marketers might search for loopholes, the trade bodies make it clear that LHF products cannot be depicted in or out of their packaging, ‘in an animated or artistic style’, ‘in an ad alongside a non-LHF variant’, ‘in promotional/2-for-1, customer experience or loyalty scheme ads’, or ‘in the background of an ad’.
They also advise against including branding that is linked to the LHF product variant or using ‘a combination of factors’ that could allow viewers to identify an LHF product.
Although the Government in May postponed the ban on advertising LHF products to 5 January, in order to clarify rules around brand advertising, the industry has voluntarily agreed to comply with the restrictions from the initial deadline of 1 October.
Richard Lindsay, director of legal and public affairs at IPA, said in a press release that businesses and agencies ‘have been working towards a compliance date of October 1, 2025 for over two years anyway’ and that they should ‘continue to treat that date as set in stone’.
Although advertisers are advised to comply with the regulations from 1 October, the ASA will not have enforcement powers until 5 January.
Correction 31.07.2025: An earlier version of this article made references to HFSS products but the incoming restrictions will affect LHF products, which are a specific subset of HFSS and fall under 13 categories set by the government.
