The Government has confirmed that new rules banning the advertising of food and drink that is high in fat, salt, or sugar (so-called ‘HFSS’ products) will come into force on 1 October 2025, following a series of consultations (on which we previously reported here).

The ‘Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024’ (the “Regulations”) were laid before Parliament on 3 December 2024. They will apply to businesses “which involve or are associated with the manufacture or sale of food or drink” (including franchises and symbol groups) which have 250 or more employees and pay to advertise HFSS products.

The Regulations introduce a ban on the advertising of HFSS products on Ofcom-regulated TV, on demand, and on internet protocol television (“IPTV”) services before the 9pm watershed, and a total ban on paid-for ads online and on unregulated on-demand and IPTV services.

Accompanying the Regulations is Guidance that helps businesses determine whether they will be affected by the bans, and includes detailed advice as to the types of products that will be in scope. Products will have to satisfy two criteria in order to be deemed “less healthy” for the purposes of the Regulations: (1) they must fall within one of the 13 product categories listed in the schedule to the Regulations; and (2) they must achieve a certain score according to the 2004-2005 ‘Nutrient profiling model’ (or “NPM”) using the 2011 technical guidance. Food with a score of four or above, and drinks scored one or above will fall under the scope of the Regulations. Guidance is also provided for how NPM scores are calculated, together with helpful examples for making such calculations.

To read more about the Regulations and to read the Guidance in full, click here.