Formal laws banning online and pre-watershed junk food advertising will now not come into force until 2025, however, advertisers and broadcasters have voluntarily agreed to comply with the new rules from October.
The government has delayed the implementation of a law which would ban junk food from being advertised online or on TV pre-9pm, as it looks to write an exemption for brand advertising into legislation. However, a voluntary agreement between advertisers and the government means that the rules will still effectively come into play from October.
Rules banning “less healthy” food and drink brands from advertising online and on TV before the watershed were due to come into force on 1 October 2025. The advertising rules had already been pushed back from 2023, and then 2024, following lobbying from industry figures.
This time the enforcement of the law has been delayed while the government introduces a Statutory Instrument to write an exemption for brand advertising (which doesn’t depict product) into law. It will consult on what this will look like before introducing the exemption.
Earlier this year, the Committee of Advertising Practice (CAP), the body responsible for writing the UK’s advertising codes, warned that due to the wording of the legislation, brand advertising might not be exempt from the law when it came into force irrespective of whether it depicted a less healthy product or not.
It warned the law could effectively ban any ads from advertisers that make less healthy products.
Last month, the government clarified that banning all advertising from brands that produce less healthy foods was never its intention with the new law, and that it had always planned to exempt brand advertising.
Many [advertisers] had already created brand-led campaigns, understanding that that was to be the shape of the policy.
Rob Newman, ISBA
Today, it has confirmed it will write that exemption into law.
“[The Statutory Instrument] will provide legal clarification on this aspect of the existing policy, as it was understood and agreed by parliament during the passage of the Health and Care Bill,” health minister Ashley Dalton said in a statement to parliament today (22 May).
“This will enable regulators to deliver clear implementation guidance and means the industry can prepare advertising campaigns with confidence,” she said.
While the formal laws will now not come into play until 5 January 2026, advertiser and broadcasters have made a public commitment to comply with the restrictions as though they would still come into force from 1 October 2025.
Writing in a letter to the government, advertising industry signatories confirmed, “we will not run advertisements for specific identifiable less healthy food or drink products”. The letter is signed by advertising industry bodies including the Advertising Association (AA), the IPA, ISBA, and IAB, as well as food industry body the Food and Drink Federation (FDF). Media players and broadcasters including ITV, Channel 4, Sky and Reach Plc have also signed the letter.
Brand advertising should be exempt from junk food ban, government re-assertsIndustry bodies have welcomed the decision to delay the legislation in order to write in the brand exemption.
“Advertisers will want to do their best to act as if the restrictions were in place from October, as per the voluntary agreement with government,” says ISBA director of public affairs Rob Newman. “Many had already created brand-led campaigns, understanding that was to be the shape of the policy.”
With preparations for the all-important festive season already looming for food and drink advertisers, the AA has welcomed the “clarity and certainty” the decision provides.
“The Advertising Association will continue to work closely with the Government and the ASA to ensure that businesses have all the information they need to adhere to the legislation from 5th January 2026,” says AA president Stephen Woodford. “We will also work with our members alongside media owners on the implementation of the voluntary agreement from 1st October 2025.”
