The Committees of Advertising Practice (CAP and BCAP) are issuing a consultation on the implementation of the less healthy food and drink product advertising restrictions. The consultation concerns proposed rules to implement the restrictions in the UK Advertising Codes, and implementation to support their interpretation.

They are consulting on behalf of the ASA, which has been appointed by the statutory regulator, Ofcom, as frontline body responsible for enforcement.

The less healthy product advertising rules will come into effect from 5 January 2026. They will prohibit ads for “identifiable” less healthy products from being included in Ofcom-regulated television services and on-demand programme services between 5:30am and 9:00pm, and from being placed in paid-for space on the internet. The new consultation has been prompted by Government introducing The Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 to provide clarity in law regarding brand advertising. This follows a period of Government consultation on the proposed legislation.

The 2025 Regulations now explicitly exempt “brand advertisements” from scope necessitating significant changes to the proposed rules and implementation guidance. CAP and BCAP consider a new, standalone consultation exercise offering stakeholders the opportunity to comment again in full on all aspects of the proposals.

Responses are welcome from all interested parties, in particular, those who responded to the first two consultation exercises. The consultation will run for three weeks closing on 9 October 2025 at 5:00pm.

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