If you work in food and drink marketing, you’ll know our industry is never still for long. But the upcoming ASA/Government restrictions on advertising Less Healthy Food and drink (LHF) products are a particularly big step change – one that’s going to require more than a tweak here and there.

From 5 January 2026 (with voluntary compliance encouraged from 1 October 2025 – so now!), the landscape changes. And if your brand falls into scope, the way you plan, buy and create advertising will need a rethink. This isn’t just another round of “watch your copy” – it’s a fundamental shift in where and how certain products can show up.

The rules in plain English

  • No TV ads for identifiable LHF products between 5.30am and 9pm on Ofcom-regulated channels and on-demand platforms.
  • No online paid advertising for identifiable LHF products, full stop – regardless of time of day.

This is aimed squarely at protecting children from exposure to HFSS (High Fat, Salt or Sugar) products, but the knock-on effect will be felt right across the marketing mix.

Does this apply to you?

If you’re thinking “Well, we don’t market to kids, so we’re fine” – be careful!

The rules apply if: your product falls into one of the defined categories or it scores above the DHSC nutrient profiling threshold. Plus, if you’re a business with 250+ employees, and you run paid-for ads for that product, you’re firmly in scope. Smaller businesses get certain exemptions – but don’t assume you’re in the clear without checking.

And here’s a crucial nuance: the “identifiability test”. Even if you don’t name or show a product, if a reasonable person could connect the ad to one of your LHF lines (a distinctive wrapper here, a familiar slogan there), it may still be restricted. Something that’s sure to trip up those trying to get around these new rules.

How to stay compliant without blowing the budget

I’ve seen brands panic at the mention of “compliance”, imagining wholesale re-shoots and media plans torn up overnight. That doesn’t have to be the case. With a smart strategy, you can protect your budgets and your brand equity.

Here’s where to focus:

Audit now, don’t wait. Map your full product portfolio against the nutrient profiling model so you know exactly what’s in scope.
Rethink media placements. Shift LHF product ads to post-9 pm TV slots or into owned and earned channels.
Embrace pure brand advertising. Build campaigns around your brand story, ethos, or healthier ranges – not the products that trigger restrictions.
Repurpose and adapt existing creative. Swap out visuals, tweak copy, or reframe scenes to remove LHF identifiers. Much cheaper than starting from scratch.
Show your reformulation journey. If you’re improving a product’s profile, communicate that. It’s positive for compliance and consumer trust.
Pilot during the voluntary period. From October, run test campaigns under the new rules to iron out issues before they become costly mistakes.

What about B2B foodservice?

Even if your marketing is aimed at chefs, caterers, or wholesalers rather than consumers, the rules can still bite. Paid online placements, sponsored content, and trade media ads are all within scope if they feature identifiable LHF products and are publicly accessible. That means you’ll need to check whether your go-to trade titles’ websites, digital editions, or social channels could bring you into non-compliance – especially if they have open access content. The safe zone? Closed-loop communications like direct email to opt-in trade contacts or password-protected ordering portals, where you’re firmly outside the public advertising net.

The opportunity hiding in the challenge

Yes, these changes are a headache. But they’re also a nudge towards braver, more creative brand work. The brands that win will be those who use this moment to clarify their purpose, elevate their healthier products, and invest in creative that builds long-term brand love – not just short-term product spikes. It will also help brands show that they are committed to doing the responsible thing and helping to address the current obesity crisis.

In 25 years of food and drink marketing, I’ve seen our industry adapt to everything from sugar taxes to social media revolutions. We’ll adapt to this too and those who start now will find themselves leading the conversation rather than scrambling to catch up.

Because in the end, great brands aren’t just about what you sell – they’re about how you show up. And in January 2026, showing up smart will be the real differentiator.

Susan Wickes
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