Who: The government, the Advertising Standards Authority (ASA) and the Committees of Advertising Practice (CAP)
Where: United Kingdom
When: June to July 2025
Law stated as at: 16 July 2025
What happened:
In May 2025, the government announced its intention to clarify that “brand advertising” is exempt from the advertising restrictions of less healthy food and drink on TV and online. This exemption is specifically addressed in the draft Advertising (Less Healthy Food) (Brand Advertising Exemption) Regulations 2025 (draft exemption regulations), which it published for consultation on 16 July 2025.
To allow time for this consultation, which runs until 6 August 2025, the government delayed the formal date for the restrictions to come into force – from 1 October 2025 to 5 January 2026 – by making the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025, which came into force on 1 July 2025.
In the light of all this, the ASA asked CAP to pause its ongoing consultation on implementation rules and guidance on the restrictions. CAP’s “further” consultation, launched in February 2025, was aimed at addressing certain issues identified from the responses to CAP’s 2023 consultation, particularly the “identifiability test”.
CAP’s interpretation of “identifiability” had caused some controversy and was challenged by the industry. This led to the government’s clarification that pure brand advertising is not in scope of the incoming restrictions. The ASA now believes that the government’s decision to amend the law to incorporate the exemption will have a “material impact” on the rules and guidance, potentially necessitating further consultation and development.
As for the government’s consultation on the draft exemption regulations, the aim is to establish whether the drafting is clear and meets the government’s objectives of ensuring that, when considering whether an ad falls under the definition of a “brand advertisement”, as set out in the draft exemption regulations, the focus is on the content of the ad, rather than contextual factors, such as the perception of a brand or its association with less healthy food or drink products.
Even though some advertisers and media owners have agreed to voluntarily comply with the restrictions from 1 October 2025, the original “in force” date, the ASA has said that it will not process or investigate complaints regarding breaches of these restrictions up to 5 January 2026. This is because it is “unable to enforce rules until the law is in place”. Meanwhile, the ASA will continue collaborating with the government and Ofcom, promising stakeholders an update “in the coming weeks.”
Why this matters:
The government’s decision to specifically exempt “brand advertising” from the restrictions provided some welcome clarification for the food and drink industry. Businesses potentially in scope of the restrictions should now consider responding to the government’s consultation on the draft exemption regulations and closely follow the updates in this area, including the ASA’s and CAP’s further updates on their work in this field.
