New food and drink ads regulation & impact on live sports broadcasts
On 3 December 2024, the UK government confirmed the details of new advertising restrictions targeting less healthy food and drink products (e.g. high in fat, salt, or sugar) (LHF). These changes are part of the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024, with accompanying guidance published to help businesses and enforcement authorities interpret the new rules.
These restrictions aim to curb the promotion of LHF products, aligning with the government’s broader strategy to tackle obesity.
The advertising ban
Effective 1 October 2025, the regulations ban advertisement of “identifiable” LHF products from being:
- included in Ofcom-regulated TV services between 5:30am and 9:00pm;
- included in Ofcom-regulated on-demand programme services (ODPS) between 5:30am and 9:00pm; and
- placed in paid-for space in online media at any time.
“Identifiable”
A product is "identifiable" in relation to advertisements if persons in the UK (or any part of the UK) could reasonably be expected to be able to identify the advertisements as being for that LHF product(s).
The Committee of Advertising Practice’s (CAP) initial guidance on the regulations suggests that even "if an ad does not explicitly refer to or feature an LHF product – it may still be restricted under law, where persons in the UK could reasonably be expected to be able to identify [the] ad as being for an LHF product or LHF products".
Consideration must be given to the specific content and media placement of each individual advertisement, with appropriate examination of the wider context, including the product and service offering, to assess whether the relevant advertisement is likely to meet the test for the restrictions to apply.
LHF Product(s)
The advertising restrictions will only apply to food or drink that are determined to be "less healthy".
There is a 2-stage process for defining a "less healthy" food or drink product.
The product needs to both:
- fall within one of the product categories in the schedule to the regulations; and
- score 4 or above for food, or 1 or above for drink when applying the 2004 to 2005 NPM using the 2011 technical guidance.
Product categories under the regulations include soft drinks with added sugar, savoury snacks (e.g. crisps), breakfast cereals, confectionary including chocolate and sweets, ice cream, cakes, sweet biscuits, "morning goods" e.g. croissants and similar pastries, pizza, ready meals, burgers and fries.
NPM is a Nutrient Profiling Model, which assesses a product’s nutritional content. The government’s guidance on the regulations provides instructions on how to calculate the NPM score for different products.
It is important to note that these advertising restrictions apply to products sold or served in the out of home sector (e.g. restaurants, cafes and takeaways) as well as by retailers and manufacturers.
Impact on Sports Advertising and Sponsorship
The government’s final impact assessment on the regulation confirms that advertising of a sporting event associated to an identifiable LHF product(s), on TV/ODPS or online, is in scope of restrictions, for example (i) on TV/ODPS, before the watershed, and (ii) online, 24/7, during "off-pitch" broadcasting moments such as adverts before, during, and after a programme’s broadcast, including commercial breaks and advertisement banners on web pages.
However, the restrictions will not apply to the content within broadcasted programmes itself - the impact assessment expressly states that "on pitch banners in televised sporting events, as product placement of items within programmes is not in scope of restrictions".
Sanctions
In the UK, broadcast advertising on TV is regulated by the Advertising Standards Authority (ASA) through a system of co-regulation with Ofcom. If a complaint is made about an advert shown on TV, the ASA will consider the complaint against the BCAP Code and may subsequently require the broadcaster to withdraw, change or reschedule the advert. UK broadcasters are required by a condition of their broadcast licence to enforce ASA rulings. Instances of non-compliance may be referred by the ASA to Ofcom who can impose fines and, in extreme cases, withdraw broadcast licences. Fines are treated as a civil debt made by the court. In this case, it is understood that the courts would only become involved if the penalty remained unpaid and Ofcom applied to the court for enforcement.
The final impact assessment explains that the same route for enforcing broadcast restrictions will apply to non-compliance with the LHF regulations, e.g., to enforce the watershed restrictions for broadcasting on TV/ODPS as well as the 24/7 online advertising restrictions which do not relate to broadcasting.
This is an unusual position to take given that non-broadcasting advertising in the UK is regulated by the CAP Code – not the BCAP Code – and while these advertising rules have similarities – as the final impact assessment accurately points out – the two have important structural differences. Examples provided include "where broadcasters can be held liable for breaches of advertising rules, platforms do not have any liability as publishers; broadcast adverts are pre-cleared before transmission, whereas non-broadcast advertising generally is not".
On this basis, further guidance must be provided to understand how Ofcom intends to interpret responsibilities and, consequently, liability of online platforms and vendors of paid-for space in online media, under these regulations.
The final impact assessment also mentions that a Justice Impact Test (JIT) is being conducted, with plans to establish a new civil offence for breaching LHF advertising restrictions. However, details concerning the scope of the civil offence, and the applicable sanctions have not yet been disclosed.
Key Issues to Watch
Existing sponsorship deals
Will businesses and sports rights holders be granted a grace period for existing advertising and sponsorship arrangements to avoid immediate contravention of the new regulations? Clarification is needed to ensure a smooth transition and avoid disruption to long-term agreements already in place.
Parties to existing deals will want to check contracts to see whether they may be in breach of their obligations (for example, to make online inventory available for promotion of LHF products) or benefit from "change in applicable law" clauses. Where existing contracts do not expressly cover the relevant situation, negotiation may be required (for example, agreeing to use contracted inventory to promote an alternative non-LHF products).
Revenue impacts
The final impact assessment acknowledges potential revenue loss for industries reliant on LHF advertising, including sports sponsorship. Reduced sponsorship income could have an impact on reinvestment of funds in sports development, particularly for smaller clubs and grassroots initiatives.
Future restrictions
Given the precedent set by gambling advertising reforms—such as the Premier League’s voluntary ban on front-of-shirt gambling sponsors from the 2026/27 season—will LHF restrictions eventually extend to on-pitch advertising, including front-of-kit sponsors or even competition names? Any party considering entering into a commercial agreement with a brand or business that promotes LHF, may want to keep an eye on developments and consider what term is appropriate, or if the agreement is possible at all.
Broader Implications
The government's strategy to combat obesity reflects a focus increasingly shifted toward protecting vulnerable groups, particularly children. As such, sports rights holders and advertisers must prepare for the possibility of additional constraints impacting other types of goods and services.
Conclusion
The new LHF advertising regulations present significant challenges and uncertainties, particularly for the sports sector.
As with most advertising regulations, no amount of government or agency guidance can provide a business with complete certainty and comfort that its specific advertising arrangement will or will not breach the advertising ban under the regulations. This must be determined by the relevant parties, on a case-by-case basis.
With a hard deadline of 1 October 2025, stakeholders to and/or parties in any existing or future broadcast or online sponsorship arrangement involving the advertisement of food or drink products or businesses should seek immediate guidance to navigate the evolving landscape, ensure compliance, and mitigate potential revenue losses.
For more information on how these regulations may affect your advertising or sponsorship arrangements, contact Sarah Johnson or Danielle Sharkey.
Helpful resources
The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024
Restricting advertising of less healthy food or drink on TV and online: products in scope - GOV.UK
Junk food ad ban legislation progresses to curb childhood obesity - GOV.UK
UK Government’s Final Impact assessment (IA) – dated 25 May 2021
On 13 January 2025, the CAP published a consultation update setting out its interpretation of the regulations, with initial guidance on interpreting and implementing the new restrictions. Final guidance is expected to be published by CAP in spring, following a further process of public consultation, working with Ofcom and the ASA to complete the governance process, and consultation with the Secretary of State - Media restrictions on advertisements for “less healthy” food and drink products: consultation update - ASA | CAP
