Government confirms brand ads exemption in LHF ad ban

The Government has now laid before Parliament the regulations that will exempt brand ads from the forthcoming restrictions on less healthy food and drink (LHF) products.  

In a Written Ministerial Statement, Minister for Health Ashley Dalton explained the Government’s decision to exempt brand ads from the new rules. This was followed by the Government’s response to the brand exemption consultation and the final text of the brand exemption statutory instrument (SI), which has now been laid before Parliament and is expected to become law within 40 sitting days. 

The final SI is much more streamlined than the draft. Most importantly, several of the gaps in the exemption that we highlighted during consultation have now been addressed. 

Sinead Coogan Jobes, our Head of Policy & Public Affairs, says: “We welcome the Government’s swift action to introduce this brand exemption legislation and the improvements made to the final SI. The exemption strikes the right balance, ensuring advertisers can continue to promote their brand identity while maintaining the integrity of the LHF product restrictions. It’s also encouraging to see that issues flagged by industry during consultation have been taken on board.” 

Key points in the final Statutory Instrument

The brand exemption allows ads promoting a brand, including the brand of a range of products, to continue under the LHF restrictions. However, there are some important limits to be aware of: 

• Depiction of specific LHF products: Brand ads will not be exempt if they show a specific LHF product.  

• New brands after 16 July 2025: Brands established after this date cannot run brand ads if their name (or part of it) is the same as the full name of one of their less healthy products. For example, a new brand called Krispies that produces a chocolate bar of the same name would not be covered. 

• Pre-existing brands: Brands that existed before 16 July 2025 can run brand ads under the exemption, even if their name overlaps with a specific LHF product, provided the ad does not depict that product or use restricted imagery. This is a positive clarification compared with the draft SI. 

• Realistic images: Ads are not exempt if they include a “realistic image” of a food or drink item shown outside of packaging that is visually indistinguishable from a specific LHF product. This definition has been expanded from the draft SI to include photographs, video, and other hyper-realistic imagery.  

• Product packaging: Realistic images/video of product packaging can be shown in brand ads, provided that the packaging is generic to a range and does not depict a specific LHF product. The same applies to other images (e.g. illustrations or cartoons) of product packaging.  

• Generic imagery: The Government has confirmed that use of generic product images is permitted in brand ads, provided that the product depicted cannot be identified as a specific LHF product. If a realistic image/video of a generic product is shown the ad, it must not look indistinguishable from a specific LHF product.  

Further clarity on the brand exemption will be provided in updated draft guidance from CAP, which is expected for consultation in the coming weeks.