LHF ad ban delayed to 2026 as government commits to explicitly exempt brand activity

The UK government has once again delayed the implementation of its less healthy foods (LHF) advertising ban and has committed to drafting and passing a Statutory Instrument (SI) to explicitly exempt brand activity from the restrictions.

This means the ban will now come into force on 5 January 2026, as opposed to 1 October.

It is the third time the ban has been delayed. Originally, the policy was meant to be instituted in early 2023 before a delay to 2024, then 2025, and now subsequently early 2026 to allow time for the ad industry to prepare and have clarity on the policy’s scope.

“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,” Ashley Dalton, parliamentary under-secretary of state for public health and protection, said in statement on Thursday.

She explained the SI will “provide legal clarification” on brand advertising “as it was understood and agreed by parliament during the passage of the Health and Care Bill” in 2022.

“This will enable the regulators to deliver clear implementation guidance and mean that industry can prepare advertising campaigns with confidence,” Dalton added.

While the formal date of the restrictions coming into force will now occur in January, advertisers, broadcasters, online platforms and publishers have agreed with the government to make a “clear and public commitment to comply with the restrictions as though they would still come into force from 1 October 2025”, she noted.

As such, from 1 October, the government “would expect adverts for specific identifiable less healthy products not to be shown on TV between 5:30am and 9pm or at any time online”.

‘Common-sense approach has prevailed’

The move to delay the ban follows a strong lobbying effort from the ad industry to provide greater clarity on the scope of the ban.

In January, the Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP) — the regulators responsible with enforcing the ban — indicated that they needed to revise their prior guidance to advertisers after receiving legal advice that the law as passed makes no direct reference to brand advertising, which had been thought to have been outside the scope of the ban.

CAP explained that “for advertisers, our revised guidance is likely to clarify that even if your 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 your ad as being for an LHF product or LHF products”.

LHF uncertainty continues as UK media industry urges government to exclude brands from ban

The Media Leader had previously written that the uncertainty had begun impacting Q4 media planning as the ASA and CAP have thus far not released updated guidance.

But now that the government has committed to passing the SI clarifying brand advertising is exempt, regulatory bodies and advertisers will be able to move forward with more clarity.

“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,” Advertising Association CEO Stephen Woodford commented.

“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.”

Sinead Coogan Jobes, head of policy and public affairs at IAB UK, concurred that the government’s decision “shows that a common-sense approach has prevailed on this matter”.

She added that IAB UK is calling on all its members to voluntarily abide by the ban from 1 October “as a show of good faith and in preparation for the legal enforcement” in January.

The announcement was also championed by both Isba and the IPA. Rob Newman, Isba’s director of public affairs, called it a “pro-growth and pro-public health intervention” that “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”.

IPA director of legal and public affairs Richard Lindsay added: “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 1 October 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.”

One of the key channels impacted by the ban is TV. Thinkbox CEO Lindsey Clay said: “We live in uncertain economic times and the uncertainty surrounding this legislation added even more pressure to many brands — and to TV companies, who lacked the visibility they require to plan and advise clients.

“So this clarity is sensible, welcome news and a relief. Advertisers can now crack on with making and planning advertising that meets the rules and delivers vital sales and growth.”