The Government has been accused of “moving the goalposts” after it launched a new consultation to bring a larger portion of brands under the less healthy food and drink advertising restrictions, just three months after the current regime came into force.
Under the new proposals, the Department of Health & Social Care will apply a recently updated Nutrient Profiling Model to determine which products should be added. The new NPM was originally published in 2018 but updated in January 2026 after the current restrictions, based on a 2004/5 model, came into force.
Applying the new NPM would bring more products in line with the latest dietary recommendations, mainly those that are higher in so-called “free sugars”, added to foods by manufacturers or naturally present in honey, syrups, and unsweetened fruit juices.
The change would mean that the advertising and marketing of a host of desserts, yoghurts, breakfast cereals and cereal bars would be restricted. The Government claims these products are often marketed as being healthier to children and that parents may mistakenly think are healthier choices, despite their free sugar content.
The move follows widespread criticism from health campaigners that the current restrictions do not go far enough. One recent report claimed that as little as 1% of adspend would be affected by the policy once expected shifts to unregulated channels are taken into account.
However, the industry can point to the fact that it has been adhering to the resrtictions since October 1, 2025, as part of a voluntary agreement.
IPA director of legal and public affairs Richard Lindsay said: “Agencies spent a lot of time and resources working with clients to get to grips with the new LHF restrictions, only for Government to now consider moving the goalposts. The prospect of a new nutrient profiling model is deeply frustrating, creating further disruption, added costs and yet more uncertainty for businesses that have been operating in line with the new rules.
“We will, of course, engage fully with the Government’s consultation alongside our trade association colleagues, but the introduction of a new model will only compound the challenges already facing brands and agencies.”
Meanwhile, an ISBA spokesperson added: “Given the long process that accompanied the ‘less healthy’ food restrictions, and the promise that the impact of those changes would be reviewed after five years, this proposed moving of the goalposts is disruptive at best and self-defeating at worst.
“If officials push ahead with applying this new NPM to the 9pm TV watershed and online ban, swathes more products which have not been considered ‘unhealthy’ – indeed, products which have been reformulated – will be barred from appearing in ads, from yoghurts to cereals. Having spent millions of pounds on changing what goes into our food and drink, manufacturers will now be told that they cannot market them anyway. The disincentive to future reformulation is obvious.
“ISBA will of course respond to the consultation on behalf of our members, but it is striking that the Government is considering this move before the impact of the LHF restrictions on UK broadcast sector revenue is clear, and that they are doing so at a time of anaemic economic growth. Advertising is a growth multiplier and was identified as a key area in the Creative Industries Sector Plan, but going ahead with this proposal would be a fresh blow to an industry which has constructively engaged with government on matters of public health.”
The Advertising Association has also waded in, reiterating its view that the consistent conclusion across hundreds of studies, large-scale reviews and meta-analyses is that advertising restrictions have limited or no causal effect on either long-term childhood obesity or BMI, while positive public health campaigns have proven benefits. Advertising largely drives competition between brands, not overall consumption, the industry body argues.
A spokesperson said: “It is deeply concerning that the Government has issued a consultation on a policy that would limit advertising of a vast range of products without any assessment of the impact on ad-funded media. This omission must be addressed at the earliest opportunity.
“These additional restrictions – suggested less than three months after the less healthy food (LHF) rules were first introduced – threaten to significantly reduce advertising investment in the UK and reduce spend on ad-funded media across broadcasters, journalism, online media, and digital tools.
“That is completely at odds with the ambitions set out for the advertising and ad-funded businesses in the Government’s Creative Industries Sector Plan. It must be urgently reconsidered.”
Picture credit: Wife Swap ‘King Curtis’ ABC
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