After years of prolonged discussions, the UK Government has at last settled on a course of action about high in fat, salt, and sugar (“HFSS”) advertising – or have they? Having dabbled with the possibility of bans, restrictions, and countless consultations, the UK Government is now decided (for now, at least) to implement stricter advertising restrictions for less healthy foods and drink products in October 20251. Traditional TV and online platforms are bracing themselves for tough restrictions. In a surprising twist, it seems internet protocol television (“IPTV”) services regulated by Ofcom might steer clear, escaping the harsher digital fate. As for the newcomers in the streaming space — free advertising-supported streaming television (“FAST”) channels — they appear to be headed for tougher times.
Proposals to restrict HFSS
On 12 September 2024, the Parliamentary Under-Secretary of State for Public Health and Prevention, Andrew Gwynne MP, released a statement2 confirming that the new UK Labour Government plans to proceed with implementing further advertising restrictions on less healthy HFSS products across television and online platforms. He also confirmed that the UK Government’s response to the 2022 consultation on the draft secondary legislation3 has been published.
Key Restrictions for TV and Online
These new restrictions, following extensive consultations since 2019 and frequent pushback, are described as part of a comprehensive strategy to tackle the childhood obesity crisis and promote healthier eating habits.
The advertising restrictions for HFSS products are as follows:
- Watershed Restrictions: A 9pm watershed for TV advertisements on HFSS products will apply to all linear broadcast services and on-demand programme services, commonly known as catch-up services, within the UK and regulated by Ofcom.
- Complete Ban on Advertising: A total ban for paid-for HFSS product advertising online.
The UK Government will collaborate with regulators to develop comprehensive guidance for the industry before the restrictions take effect on 1 October 2025. However, the recent statement has confirmed the direction of travel for some of this guidance. For example, while HFSS created by SMEs are exempt, the guidelines will make it explicit that (for example) non-SME supermarkets cannot rely on the exemption by including only SME products in their ads.
Exemption for IPTV
Under the existing broadcasting regulatory rules, a limited number of IPTV services are regulated by Ofcom and required to apply the content standards outlined in Ofcom’s Broadcasting Code and the Broadcast Committee of Advertising Practice Code4. These are those which appear on regulated Electronic Programme Guides (found on traditional satellite/cable and DTT platforms).
The proposal is that these services will be required to comply with the 9pm watershed restrictions. As a result, such regulated IPTV services will be subject to a relatively looser regime compared to the complete ban that will come in force across online platforms, such as social media and general web advertising.
This places them at an advantage as against the vast majority of FAST channels, which are not regulated by Ofcom. Therefore, these services, which have recently surged in growth and popularity, would be subject to the much stricter online rules, facing the total ban on HFSS advertisements.
Levelling the Playing Field or Loopholes?
For IPTV services regulated by Ofcom, the 9pm watershed allows some level of flexibility, aligning them with traditional broadcasters. Conversely, FAST channels and other online platforms will be subjected to the advertising restrictions, without any evening watershed exceptions. The contrast highlights issues about fairness and could lead to a competitive imbalance between various digital entertainment formats, particularly as more consumers are shifting towards streaming services over traditional broadcast TV.
Although many FAST channels may currently fall outside Ofcom’s remit, their growing popularity could mean their regulatory status continues to be considered, despite their omission from the recent Media Act changes (see What’s NOT in the draft Media Bill: Part 2 (cms-lawnow.com)). For advertisers, the content service they choose could significantly affect their ability to advertise HFSS products.
Recent research, particularly among younger audiences, shows a shift from traditional TV to streaming services and FAST channels. Ofcom’s 2024 Children’s Media Use and Attitudes Report5 suggests that this shift will increase children’s exposure to HFSS products if streaming services are not regulated. Considering that many of these platforms are beyond Ofcom’s regulatory reach, the introduction of advertising restrictions for unregulated online platforms is viewed as a key measure in limiting children’s exposure to unhealthy food and drink advertising.
Previous Updates
For a perspective on the previous consultations regarding HFSS advertising restrictions, you may refer to our previous Law-Now updates:
Next Steps
As the October 2025 deadline nears, advertisers and digital content platforms should begin preparing for the upcoming changes. Key areas to focus on include:
- evaluating existing advertising strategies on online and IPTV platforms;
- identifying which channels are regulated by Ofcom and which are not; and
- looking into other ways of promoting HFSS products, especially for those heavily dependent on online advertising.
The consultation period will end at 11:59pm on 10 October 2024.
For more information, please contact John Enser or Stuart Helmer.
Co-authored by Florentina Terholli, trainee solicitor at CMS
1 Introducing further advertising restrictions on TV and online for less healthy food and drink: consultation on internet protocol television (IPTV) - GOV.UK (www.gov.uk)
2 Written statements - Written questions, answers and statements - UK Parliament
3 Introducing further advertising restrictions on TV and online for products high in fat, salt and sugar: government response - GOV.UK (www.gov.uk)
4 Broadcast Code - ASA | CAP
5 Childrens Media literacy report 2024 (ofcom.org.uk)
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