Summary of ASA’s revised guidance
The ASA’s consultation update highlights progress in finalising guidance for restrictions on advertisements of less healthy food and drink (LHF) products, which will take effect in October 2025. These restrictions include bans on LHF ads during specific hours on TV and on-demand services (5:30 am to 9:00 pm) and a full-time ban in paid-for online spaces. Exemptions exist for small and medium enterprises.
Products subject to the restrictions are identified through a two-step test involving nutrient profiling and classification within specific categories. Following public consultation feedback, the ASA has revised its guidance, particularly around brand advertising. The updated guidance clarifies that restrictions may apply even when ads do not explicitly feature HFSS products but could reasonably be associated with them. A further consultation process will follow, with final guidance expected in spring 2025.
The legislation – which was passed in 2022 – targets 13 categories of foods, including crisps, sweets, sugary cereals, and ice cream, using government-defined nutrition benchmarks to classify products. Its aim is to reduce exposure to advertising that promotes less healthy food choices, particularly for children. However, initial drafts of the guidance raised concerns about loopholes that might have allowed indirect promotion of HFSS products, such as through branding or generic imagery.
The ASA’s revised guidance specifically addresses these concerns. Ads will now be evaluated on a case-by-case basis to determine if they promote less healthy products, aligning with public health goals. This approach underscores the importance of both the content and context of advertisements in ensuring compliance.
For bakery and snack producers, these revisions may significantly impact advertising strategies. Companies whose products fall into HFSS categories must reassess how their marketing aligns with the new rules. The guidance places greater emphasis on avoiding brand associations or indirect references that could reasonably link an ad to less healthy products.
While the tighter rules present challenges, they also create opportunities for innovation. Producers can reformulate recipes to reduce fat, salt, and sugar content, enabling them to advertise products more freely while catering to growing consumer demand for healthier options. This shift not only aligns with public health goals but also positions brands to appeal to health-conscious audiences – a potential market advantage.
Calls for urgency
The revised guidance has been welcomed by the Obesity Health Alliance (OHA), which represents over 60 health groups. However, the OHA is urging the ASA to expedite the finalisation of the guidance, emphasising the health risks posed by delays. Currently, 22% of children in the UK live with excess weight, increasing their risk of long-term health issues.
Katharine Jenner, director of the OHA, commended the ASA for strengthening the guidance but expressed frustration at the prolonged consultation process. She emphasised that companies are ready for these changes and encouraged the ASA to expedite the process.
“This government has strongly committed to protecting children from junk food advertising, and we need to see this policy come in as planned in October 2025,” said Jenner.
“However, it’s deeply frustrating that the ASA has decided to put us all – industry, public and health charities alike – through yet another round of unnecessary consultation, especially when this one closed back in February 2024. The law clearly states that ‘if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that less healthy product,’ then such adverts must not appear on television before 9pm or on paid online media at any time.
“We strongly urge the ASA to expedite this process, prioritising the children who are on a path toward poor health in the future over the interests of food and drink companies profiting from pushing unhealthy products.”
Collective commitment to protecting children’s health
The OHA is also calling on the UK government to resist lobbying efforts from the food and drink industry and stay committed to the October 2025 implementation deadline. If enforced effectively, the UK could set a global standard for reducing the harmful impact of HFSS product advertising.
“With the planned advertising restrictions, the government clearly recognises that there is robust evidence showing food advertising influences what and how much children eat,” said Emma Boyland, professor of Food Marketing and Child Health at the University of Liverpool.
“The task now is to ensure the regulations are as effective as possible in reducing children’s exposure to marketing of less healthy food and drinks. We cannot afford further delays or weak guidance.”
Zara, a 16-year-old activist from Bite Back, echoed these concerns: “We’ve been campaigning for five years to see real action on this issue. To protect child health, we can’t afford any loopholes or further delays that mean we continue to be targeted by junk food ads.”
For bakery and snack producers, the ASA’s revised HFSS ad restrictions underscore the need to adapt swiftly and strategically. While the tighter rules may limit traditional advertising methods, they also offer a clear incentive to innovate through product reformulation and healthier offerings.
By aligning with these guidelines, producers not only ensure compliance but also position themselves to meet growing consumer demand for healthier choices. The October 2025 deadline presents an opportunity for the industry to lead by example, demonstrating that it can balance business success with a commitment to public health.
