Last month, the UK government announced in a ministerial statement that it would be consulting on new regulations to ensure that businesses would still have opportunities to promote their 'less healthy' brands online and on TV, as long as their adverts do not identify a specific less healthy product.
This also means that the official coming into force date of the new restrictions will now be 5 January, rather than 1 October - "official", because the advertising industry has effectively agreed to comply from 1 October, on the understanding that the issue of brand advertising will be clarified (though some may interpret that to mean that brand advertising will be permitted). This means that until 5 January 2026, the ASA will not process or investigate complaints about ads that may or may not run contrary to restrictions on less healthy food drink products as it is unable to enforce rules until the law is in place.
This is a very unpleasant mess, because while this may look a long way out, companies plan their ad campaigns a long time ahead, and the run up to the Christmas and New Year period falls in between these dates, which is obviously a key time for advertising and sales of food products.
You will remember that this issue arose due to the consultation by CAP on how to implement the new restrictions into the CAP Code, in which it suggested that brand advertising would be caught by the new rules (i.e. banned).
Tipping the scales
Given last month's government announcement, it isn't entirely surprising that CAP has now announced that it is putting its consultation process on hold while it works with the government and Ofcom to agree a way forward... meanwhile, companies have to keep waiting for clarity on what will be a business-critical decision for many of them, as they decide how to proceed with promoting their brands in the UK market (if at all).
The ASA and CAP remain focused on the aim of delivering new rules and guidance in line with the legislation. The ASA will continue to work with the Government, and Ofcom, in the coming weeks to fully understand developments and what steps need to be taken to respond effectively. It says it will provide a further update in due course. In the meantime, we await the Government's consultation, and then another one from CAP.
You can read the CAP/ASA announcement here.
In addition, Parliament has now made the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025. The Regulations come into force on 1 July to delay the date on which the restrictions come into force until 5 January.
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