UK ‘junk food ad ban’ explained as government confirms brand advertising will be exempt

“We want to support economic growth and ensure that industry has confidence to invest in advertising, but, at the same time, protect children from advertising of less healthy products,” Dalton said in a written statement. “To that end, I am announcing today that the government intends to make and lay a statutory instrument to explicitly exempt ‘brand advertising’ from the restrictions.”

The legislation was due to come into effect from October 1 this year, but has now been delayed to January 5, 2026, to give the government more time to draw up the specific legal definition of brand advertising. A group of 20 organizations representing advertisers, broadcasters and online platforms has nevertheless committed to a voluntary agreement to comply with the restrictions as though they would still come into force from October.

Today’s important clarification means that while depicting a wide range of products from confectionery and soft drinks to certain ready meals and breakfast cereals will remain outlawed as expected, major advertisers such as McDonald’s, Coca-Cola and Pepsi will not disappear from UK screens altogether. They will, however, need to radically recalibrate their advertising in some cases in order for it to be permissible.

Stephen Woolford, CEO of the Advertising Association, which has been lobbying for clarity on the legislation, said: “Today’s decision from the government simply clarifies what has always been the intended policy behind the new restrictions, that companies will be able to advertise their brands provided the ads do not identify a specific less healthy food product. Until now, there has been confusion over this point.

“The government’s decision to write it into law provides much-needed clarity and certainty for businesses across the food, retail and hospitality sectors. Their advertising investment helps support the UK’s public service and commercial broadcasters, journalism, publishing, online services like search and social media and charity partnerships.”

Trade body colleagues from Isba and the IPA similarly welcomed the news. “The government’s announcement is a pro-growth and pro-public health intervention,” said Isba’s director of public affairs Rob Newman. “It ensures that brands can continue to commit their advertising spend to the UK, while at the same time it incentivizes the reformulation of products, which is at the heart of the restrictions.”

IPA director of legal and public affairs Richard Lindsay said: “Agencies want to deliver outstanding, creative advertising for their clients and the public, but they need clear guidelines to understand the boundaries within which they can operate. We very much hope that, following this announcement, the guidance due to be published for industry by the ASA will provide that much-needed additional clarity.”

Claire Hadrill, client partner at Ogilvy UK PR Social & Influence, told The Drum smart brands will see this clarification “as an opportunity not only to demonstrate responsibility and build trust with stakeholders, but to fully reset their communication strategy.”

Hadrill said: “Brands which actively support the spirit of the HFSS legislation to earn their way into conversations and deepen relationships with consumers will lead in a post-HFSS era. This legislation is about collectively contributing to a healthier future – compliance should be the bare minimum.”

Today’s outcome is not only a win for advertisers but for the trade bodies that have been lobbying hard on their behalf for months. But whether HFSS or LHF is your initialism of choice, the so-called junk food advertising on our screens will still look very different in just a few months’ time.