United Kingdom: Advertising, Marketing & Branding

A new GALA guide provides a practical, jurisdiction-by-jurisdiction overview of AI disclosure requirements in advertising across key global markets. Following the EU AI Act's transparency obligations becoming directly applicable across all 27 Member States on 2 August 2026, jurisdictions worldwide are accelerating their legislative and regulatory responses to AI-generated content in commercial contexts.

The Advertising Standards Authority has banned a Yo! Sushi Instagram advertisement for violating new regulations on less healthy food marketing. The paid post promoted a limited-edition Chocolate Cream Puff made with KitKat, which falls under HFSS (high fat, salt, or sugar) food categories subject to stricter advertising rules that came into force in January.

Nestlé's iconic KitKat slogan faces a trademark challenge that could reshape how brands protect their most recognizable phrases. The legal battle centers on whether common expressions can maintain exclusive trademark protection when they become part of everyday language. This case highlights the delicate balance between brand ownership and public domain usage in intellectual property law.

New ASA rulings clarify when food advertising crosses the line from brand promotion to product-specific marketing under the UK's less healthy food restrictions. Two recent decisions involving McDonald's and Domino's reveal how naming specific menu items can determine whether an advert violates the pre-watershed ban, while a parliamentary committee now questions whether these distinctions should exist at all.

Deloitte predicts global revenue from elite women's sport will reach at least US$3 billion this year, marking a 25% increase and highlighting significant commercial opportunities for brands.

The UK's long-awaited restrictions on advertising less healthy food and drink finally took effect in January 2025, but a parliamentary committee now argues they don't go far enough. Should advertising law expand to cover brand advertising, outdoor placements, and sports sponsorship, or should it also consider allowing responsible marketing of clinically proven weight-loss treatments?

The Advertising Standards Authority has revised its complaint handling procedures, introducing clearer expectations around evidence submission, transparency requirements, and review processes. These procedural updates may require advertisers to respond more quickly when complaints arise, with tighter deadlines for evidence submission and ruling suspension requests.

The Advertising Standards Authority (ASA) has updated its complaint handling procedures, following a review aimed at modernising, simplifying and strengthening the way complaints about advertising are managed. While the ASA describes many of the changes as formalising existing practice, the updates are worth noting: they introduce clearer expectations around evidence, transparency and review requests, and could affect how quickly advertisers need to respond when a complaint lands.

The advertising industry faces mounting pressures from generative AI, evolving platforms, and new regulations across jurisdictions worldwide. Self-regulation through frameworks like the ICC Advertising and Marketing Communications Code offers speed, flexibility, and industry expertise that statutory frameworks cannot match. When self-regulation is effective, well-funded, and credible, it protects creative freedom while maintaining consumer trust and preventing government overreach.