'Fatty' Xmas is saved (for some) in new TV ad ban delay

The Government has delayed plans to ban TV advertising for products high in fat, salt and sugar (HFSS) before 9pm – and at any time online – until January 2026, saving some of this year’s Christmas ads from the axe, although there is a voluntary agreement in place for the industry to start in October as originally planned.

Ministers have also attempted to clarify that companies which produce so called “less healthy foods” will still be able to advertise their brands – but not their products – when the new restrictions come into force.

With the original deadline of October 2025 now extended by four months, the Department of Health and the Advertising Standards Authority will have more time to align on a clearer interpretation of the restrictions.

However, 20 organisations representing advertisers, broadcasters and online platforms have already signed a voluntary and unilateral commitment to the October start.

Even so, M&S chairman Archie Norman has already claimed the new advertising rules “probably mean we can’t run a Christmas ad”, due to many festive foods not adhering to HFSS guidelines. For instance, last year’s M&S Food ad (pictured), which featured Dawn French laying out a “fatty” festive spread, would be unlikely to pass muster in the future.

In a written ministerial statement, health minister Ashley Dalton stated: “We have listened carefully to the concerns that industry stakeholders have raised around the ASA’s implementation guidance. We are aware that many brands have prepared advertising campaigns in good faith ahead of the restrictions’ current coming into force date of October 1 2025 and remain concerned about how these adverts will be affected by the ASA’s approach to implementation.

“We want to support economic growth and ensure that industry has confidence to invest in advertising but, at the same time, protect children from advertising of less healthy products.

“To that end, I am announcing today that the Government intends to make and lay a Statutory Instrument (SI) to explicitly exempt ‘brand advertising’ from the restrictions. The SI will provide legal clarification on this aspect of the existing policy, as it was understood and agreed by Parliament during the passage of the Health & Care Bill. This will enable the regulators to deliver clear implementation guidance and mean that industry can prepare advertising campaigns with confidence.”

Advertising Association chief executive Stephen Woodford said: “Today’s decision from the Government simply clarifies what has always been the intended policy behind the new restrictions, that companies will be able to advertise their brands provided the ads do not identify a specific less healthy food product.

“Until now, there has been confusion over this point. The Government’s decision to write it into law provides much needed clarity and certainty for businesses across the food, retail, and hospitality sectors. Their advertising investment helps support the UK’s public service and commercial broadcasters, journalism, publishing, online services like search and social media, and charity partnerships.

“The Advertising Association will continue to work closely with the Government and the ASA to ensure that businesses have all the information they need to adhere to the legislation from January 2026. We will also work with our members alongside media owners on the implementation of the voluntary agreement from October 2025.”

Meanwhile, ISBA director of public affairs Rob Newman added: “This is a welcome announcement from Ministers which confirms what has been the intention of this policy all along – namely, that ads with identifiable less healthy products will be restricted, but ads for a brand which don’t show those products will not.

“Advertisers will want to do their best to act as if the restrictions were in place from October, as per the voluntary agreement with government. Many had already created brand-led campaigns, understanding that that was to be the shape of the policy.

“The Government’s announcement is a pro-growth and pro-public health intervention. It ensures that brands can continue to commit their advertising spend to the UK, while at the same time it incentivises the reformulation of products which is at the heart of the restrictions.

“We look forward to working with the regulator to swiftly finalise the guidance for advertisers under the new rules.”

The IPA has also waded in, with director of legal and public affairs Richard Lindsay adding: “We are grateful to the Government for this announcement which simply clarifies what has always been their (and the previous Government’s) stated policy and will cement that policy into law: that while advertising for identifiable less healthy food products will be in scope of the new restrictions, ads for brands which do not identify those products will not.

“Agencies want to deliver outstanding, creative advertising for their clients and the public, but they need clear guidelines to understand the boundaries within which they can operate. We very much hope that, following this announcement, the guidance due to be published for industry by the ASA will provide that much-needed additional clarity.

“Meanwhile, agencies have been working with their clients to do their best to abide by the restrictions from October 1 this year anyway and will want to continue to do so, even though the implementation date has had to be extended to accommodate this development.”