In a decisive pre-emptive step this May, a broad coalition of advertising, media and retail trade bodies committed to behaving as if the forthcoming statutory restrictions on "less healthy" food and drink advertising would come into force from 1 October; in other words, just one month from today. The voluntary undertaking, set out in a joint letter led by the Advertising Association and co-signed by broadcasters, publishers and advertising industry trade associations, means that large parts of the market will implement the new rules three months before the law is due to commence on 5th January 2026. What does the pledge cover? How will Clearcast respond? And what does this mean for online campaigns during the intervening period while we await updated ASA guidance?
What is the voluntary commitment?
The signatories have promised that from 1 October they will not accept, place or broadcast advertisements for specific, identifiable less healthy food or drink products:
- On TV or on-demand services between 05:30 and 21:00; and
- In paid-for online space at any time.
The pledge mirrors the restrictions contained in the Health and Care Act 2022 and the supporting draft CAP/BCAP rules. It targets ads that promote a named product that can be scored against the Nutrient Profiling Model, while permitting non-product "brand" advertising. The industry has agreed to act early to provide legal certainty for Christmas 2025 campaigns, protect long-planned media schedules and support the policy objective of reducing children's exposure to HFSS promotions.
What will Clearcast's position be from 1 October?
Clearcast, which pre-clears the overwhelming majority of UK broadcast advertising, has confirmed that it will apply the new HFSS scheduling and content restrictions to all copy submitted on or after 1 October 2025. In practice, this means:
- Any ad that directly features or references a specific less healthy food or drink product will be refused approval for transmission in the 05:30–21:00 watershed on broadcast or VOD inventory.
- Copy rotations that include both brand and product executions will only be cleared if the product versions are time-indexed to run after 21:00.
- Evidence packs demonstrating that a product is not "less healthy" (e.g., reformulated recipes) will be required where advertisers wish to air before the watershed.
- Routine spot-checks will be conducted on existing live copy, and advertisers will be asked either to withdraw non-compliant commercials or amend them to a brand-only creative.
Because Clearcast acts as a gatekeeper, this stance effectively places a moratorium on pre-watershed TV advertising for identifiable less healthy foods from 1 October, irrespective of when the statutory regulations actually go live.
Will there be enforcement against online ads before 5 January 2025?
No. While broadcasters and many advertisers will comply voluntarily, the ASA has publicly acknowledged that it does not yet have legal powers to investigate or sanction online ads that breach the forthcoming rules. The Government intends the enabling regulations to come into force on 5 January 2026. Until that date:
- Publishers, platforms and advertisers could theoretically run paid-for online ads for identifiable less healthy products without risk of formal ASA enforcement.
- Nevertheless, most major agency groups and publishers have signed the voluntary agreement and are expected to self-police to maintain parity with the TV environment.
- The ASA will log but not progress complaints relating solely to the new HFSS prohibitions until the legal powers commence.
Advertisers therefore face a reputational rather than regulatory risk during the interim window; any brand adopting a "wait-and-see" posture should weigh the seductively tempting commercial advantages of that strategy against any potential consumer backlash and future ASA scrutiny once retrospective monitoring begins.
What does it take to get served with the updated ASA/CAP guidance around here?
The parallel CAP consultation on detailed implementation questions, such as how "identifiable products" and "child-directed appeal" should be interpreted, was paused in June while the Government drafted clarifying legislation to exclude genuine brand advertising. By the way, we interpret this as a tacit admission by the Government that the ASA was correct in saying the original legislation did not exclude brand advertising, regardless of what the Government might have intended. ASA 1 – Government 0.
We therefore still lack final, binding guidance on several operational points, including:
- Treatment of multi-product end-frames and meal deals;
- Use of recognisable mascots or characters; and
- Criteria for distinguishing "brand" from "product" social content.
Stakeholders had expected final guidance this summer, but the pause now means the definitive rule book may not appear until late autumn. For the moment, the December 2023 draft guidance remains the best reference point and is explicitly cited in the voluntary pledge as the standard the industry will follow from 1 October.
What should brands do now?
- Audit creative and media plans for Q4 to identify any executions that feature identifiable less healthy food or drink products.
- Engage early with Clearcast to confirm whether a product qualifies as "less healthy" and to secure pre-watershed clearance if permissible.
- Align online strategy with the voluntary rules to avoid inconsistency and negative publicity, even though ASA enforcement will not begin until January.
- Monitor ASA and CAP updates so that campaigns can be adjusted swiftly once final guidance and the amended regulations are published.
The voluntary moratorium underscores that the HFSS tide is turning and that responsible advertisers are choosing to get ahead of the legislation. By preparing now, brands can minimise disruption, protect media efficiency and demonstrate genuine commitment to public health objectives. Watch this space for the ASA's next update, expected later in the autumn, which should finally lock down the details for the 5 January 2025 statutory start date.
" "Ah yes, I'm afraid the chef changed his mind and forgot to tell us, he's like that. Brilliant but temperamental." Basil Fawlty in 'Gourmet Night'. "
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