After capitulating to industry demands, the restrictions on advertising less healthy foods before 9pm on TV, or online at any time, which were due to come in on Oct 1st 2025, will now be enforced ‘voluntarily’ until the legislation is amended – with a new legally-binding exemption for ‘brand’ advertising – on Jan 5th 2026. The news is reported in The Telegraph [paywall] – Ministers ‘caving in to food industry’ after delaying junk food ads ban
The Statutory Instrument has been laid to legally change the coming into force date from 1 October 2025 to 5 January 2026.
The UK Government’s position is that brand advertising was never meant to be included. However, it was never explicitly excluded, and after public health bodies, including the OHA responded to the consultation on guidance for advertisers from the Advertising Standards Authority (ASA), the ASA also agreed that brand ads could be in scope – much to the annoyance of industry. In April this year, the Minister published a statement clarifying that the Government believed brand advertising is out of scope. However, it seems this was not sufficient for industry, who have now successfully lobbied for them to re-open the regulations, which will both delay and dilute the regulations further.
This isn’t the first time the policy has faced delays. Initially announced in the Government’s Obesity Strategy in July 2020, it was due to come into effect in 2022. However, the latest decision means it will now be implemented more than three years later than originally intended. Our strong view is that this could all have been dealt with sooner and without delaying legislation and without using up valuable Parliamentary time.
New research from Liverpool University has clearly demonstrated children will eat significantly more calories in a day after watching just five minutes of junk food advertising, with both product and brand advertising implicated. Emma Boyland, the lead author of the study and professor of food marketing and child health at the University of Liverpool, said: “This is the first study to show that brand-only food advertising affects what children eat. We also showed that children don’t just eat more immediately following food advertising, they actually ate more at the lunch meal as well, a couple of hours after they had seen the advertising.”
OHA Members have come out in force to respond, with youth voices most affected by the delay, raising their voices to be heard:
Youth campaigner, Luke, 19, from Gateshead, believes the government should be going further and faster to help protect the health of a generation:
“Big food continues to lobby those in power to delay these crucial rules, which were set to protect the health of me and my peers. Why does the Government keep listening to those with a vested interest in damaging the health of a generation, rather than going further and faster to protect us from junk food marketing?”
18-year-old Molly, a Bite Back youth campaigner from London, who has been fighting for a change to the food system her whole childhood, said:
“If the Government won’t get real about the massive imbalance of power when it comes to junk food and children and young people, then what chance to we have? I was 14 when Bite Back started asking for the obvious – an end to the constant bombardment of junk food ads on TV and online. It never occurred to me that no change would happen in time for my childhood. I hope they’ll do something brave in time to impact my little sister. This is a disappointing day.”
Katharine Jenner, Obesity Health Alliance Director said:
“This Government committed in its manifesto and via the King’s Speech to ending junk food ads targeting children. But just like its predecessor, it appears to be caving to industry pressure and delaying the implementation of these long-overdue restrictions.
“We’re seeing the result of a coordinated attack by companies selling the unhealthiest food and drinks and the advertising industry – all working to weaken the policy and delay action.
“The Government insists that this decision is not abandoning their commitments on children’s health – it’s just cleaning up a technical issue. It is now up to them to prove that’s true – by implementing the evidence based policies to make it easier for everyone to eat healthily in their 10 Year NHS Plan and Food Strategy. We will not see the changes we need in children’s health and reduced pressure on the NHS from dietary diseases unless they resist pressure from companies that want to put their profits before the health of the country.
“I hope we can work together to find a solution, one that finally puts children’s health first.”
Fran Bernhardt, Sustain’s Commercial Determinants of Health Coordinator said:
Once again, unhealthy food and advertising giants will be celebrating as the Government has caved to industry pressure. Ministers should be making decisions based on what will benefit public health, not the shareholders of large corporations. More of our children will now be exposed to unhealthy food advertising, putting them at higher risk of food related ill health like diabetes, tooth decay and obesity. It’s simply not good enough – our children deserve better.
John Maingay, director of policy and influencing at the British Heart Foundation said:
“It is deeply disappointing that industry pressure has caused yet another delay to vital junk food marketing restrictions being implemented in full. It has been three years since the legislation was passed when technical issues around the guidance could and should have been resolved.
“Government must now hold firm in their commitment to protecting child health, and we urge them to find a solution that honours their manifesto aim of ending the advertising of junk food to children.”
Barbara Crowther, Children’s Food Campaign Manager at Sustain said:
“The delay is incredibly disappointing, given repeated government assurances that this legislation would come into force in October. The delay is one thing, but our main concern is the reason for it – to amend the legislation to more explicitly exclude brand advertising. We do not agree that inserting a new clause to the legislation is warranted. The regulations approved already in Parliament are already very clear in focussing on individual products within an explicit set of food and drinks categories, and only restrict advertising of products high in fat, salt and/or sugar.
“We are extremely worried that food and drink advertisers will seek to exploit any brand loophole to the max – we already see this trend in advertising. We’re calling on all businesses to adopt both the letter and the spirit of the law and focus their advertising on promoting the healthiest options. We also urge the government to think seriously about the very real likelihood that they may need to close this loophole at a future date.
“Today’s announcement also raises serious questions about whether this government will be stronger than the last in standing up to commercial food and advertising industry pressure in protecting children’s health. We had hoped for more. The public should be very concerned that the commercial food industry has been able to work behind the scenes to force further concessions, and undermine the government’s ability to make regulations watertight and effective in protecting children’s health. It is absolutely critical that healthy food policy is made transparently and independently in government offices, not in industry boardrooms.”
Bite Back Interim CEO, Nicki Whiteman
“we’ve protected people in the past from the flood of tobacco advertising — now it’s time to do the same for junk food:
“Our children’s health depends on this government acting decisively. Without robust new rules, junk food companies will continue to beam their products directly into our children’s minds, while parents’ wishes are ignored and our children’s health is shunned. We completely stopped tobacco advertising years ago as part of a wider range of actions to protect people – and it worked. We had faith in the promises of this Government and hoped they would be the first to stand up to lobbying from industry, today’s news suggests they’ve caved.”
“This announcement by the Government arrives just weeks after Bite Back, backed by Impact on Urban Health, secured billboards across London to block junk food adverts. The charity placed 365 billboards – one for each day of the year – in high-traffic areas across the capital’s Lambeth and Southwark boroughs, including London Bridge Station, with one clear message: “We’ve bought this ad space so the junk food giants couldn’t – we’re giving kids a commercial break.”
Sonia Pombo, Head of Impact & Research, Action on Salt
“The government continues to cave to the food industry’s every whim and it is beyond disappointing – yet not surprising. We saw it with the previous government, and we are seeing it now. These advertising restrictions were first discussed over 6 years ago and have the potential to greatly improve the health of our children yet there is a lack of clear clarity, drive, and intention, allowing the industry to exploit loopholes.
“It should not take 6 years to implement a policy, and this news raises genuine questions as to where the government’s commitment really lies.
“Their promise to raise the healthiest generation of children in history seems to be as full of holes as their policies.”
Nikita Sinclair, Head of the Children’s Health and Food Programme, Impact on Urban Health
“We’re extremely disappointed to hear of the proposed delay to the UK junk food advertising ban. This move gives the green light to food and drink companies to continue to bombard our children with unhealthy options in the places they spend their time. Delays and inconsistency are bad for industry and unfair on those progressive businesses who have made big steps to prioritise health.
At a time when Government should be acting to protect children’s health, this delay completely undermines the stated commitment to creating the healthiest generation of children ever. We urge Government to implement these restrictions now and include all brand marketing within their scope.”
Dr Hannah Brinsden, Head of Policy and Advocacy, The Food Foundation
“It’s disappointing that the HFSS advertising regulations are being delayed, yet again. The restrictions were first announced by the previous government – there should have been plenty of time to iron out the details so there is no real excuse for still further delays. Yet again, we see a government caving to industry pressure.
“Restrictions on HFSS advertising are a vital step towards achieving the government’s goal of raising the healthiest generation of children ever but this ambition will be hard to reach while junk food advertising is still permitted.”
““Over a third of food and non-alcoholic drink advertising spend is on products such as confectionery, snacks, desserts and soft drinks, while just 2% is on fruit and vegetables. We know the power of marketing, and unless we protect our children and shift the balance we are going to stay in a cycle of poor diets with poor health outcomes.”
William Roberts, CEO, Royal Society for Public Health:
“The introduction of a watershed for junk food advertising is a vital step in the right direction from the government. Delaying the legislation until next year would be a huge setback. We can’t afford to put off children’s health or allow for the measures in the original proposals to be watered down.
“A key part of preventing ill health is giving people access to healthier choices and restricting the advertising of junk food to children and young people is core to this. Childhood nutrition is a long-term priority that affects everyone and is key to building a healthier future for the next generation.”
Kate Oldridge-Turner, Head of Policy and Public Affairs, World Cancer Research Fund
“We are disappointed by the government’s decision to delay the restrictions on junk food marketing to January 2026. This delay is not the first these restrictions have faced and today’s announcement is yet another step backwards in addressing the UK’s growing childhood obesity crisis – which sees 1 in 5 children leaving primary school with obesity.
“While we recognise that implementing and enforcing new regulations can be complex, there has been ample time to prepare for these marketing restrictions. We are deeply concerned that industry efforts to delay public health measures have been successful.
“It is now up to the government to deliver on their commitment to raising the healthiest generation ever. Children’s health must be prioritised in the forthcoming 10 Year Plan and National Food Strategy.”
Greg Fell, Association of Directors of Public Health President, said:
“89% of deaths in England are caused by illnesses and disease which are linked to the consumption of unhealthy food and drink. The simple fact is that these deaths, including from many cancers, respiratory, heart and liver disease, are preventable.
“The consumption of unhealthy food and drink is not the result of personal choice. The reality is that with healthy alternatives around three times as expensive as unhealthy options, and our consumption habits heavily influenced by clever advertising and marketing campaigns that are backed by multi-million pound budgets, we simply don’t have the freedom to choose.
“There is no quick fix, but we know from our experience of tackling tobacco harm, that one of the key ways to reduce illness and death caused by harmful products is to introduce tighter restrictions on advertising those products.
“There is a wealth of evidence to say that this will work and yet a comprehensive ban has been repeatedly delayed.
“Again, we just need to look back at how the tobacco industry lobbied to retain their influence to see that the industry giants behind harmful food and drink are using the same tactics. To reduce the numbers of people dying from avoidable disease – something this Government has promised to do – industry voices must be taken out of the equation and the advertising ban should be introduced as planned.”
Annette Mansell-Green, Director of Public Affairs and Trade Union, BDA
“This decision is a clear step backwards for public health. The Government gave a firm commitment to introduce restrictions on junk food advertising — and is now undermining that promise. Dietitians across the UK work every day to support healthier food choices, and they expect policy decisions that reflect evidence, not industry pressure.”
Next steps:
There will be two pieces of secondary legislation (SI’s) tabled:
- The first SI in the next few weeks to change the date of implementation from 1st October 2025 to 5th January 2026. This first SI is to give time to enable the consultation on, and passage of, the second SI – which will be tabled after the summer recess.
- The second SI will be using the powers in the Health & Care Act 2022 and Communications Act 2023 to give an explicit exemption to “brand” advertising