Less healthy food and drink ad ban: What it is & how it works

The regulator has now issued official formal guidance on the ban, which will apply when the law comes into force from 5th January. The information given on this page is intended to support your understanding of the official guidance issued by the regulator, so we would recommend reading that in full first. The CAP guidance should always be treated as the de facto authority on the LHF rules.  

The ban applies to all UK-targeted ads, regardless of the audience's age. There’s also a watershed ban on TV ads before 9pm, but this explainer only focuses on the online ad ban.    

Introduction

What does ‘less healthy’ (LHF) mean? 

LHF is a new classification for food and drink products that was introduced by the Government in the Health and Care Act 2022. Per the law, a food or drink product is considered ‘less healthy’ if both of these factors apply:    

• The product is classified as HFSS (high fat, sugar, or salt) because it reaches the required score on the Government’s nutrient profiling model. For more information see the Advertising Standard’s Authority’s explainer     

and

• The product falls within one of the LHF product categories set out in the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024. For more info on products that fall within each category, see explanatory guidance from the Department for Health 

So, to give an example, if a croissant met the score to be HFSS, it would be an LHF product, because croissants fall within the ‘morning goods’ LHF category. However, if the croissant did not meet the required score to be considered HFSS, it would not be classed as LHF and would not be impacted by these advertising restrictions.  

What are the restrictions on online ads for LHF products? 

The restrictions prohibit advertisers from paying to place ads for LHF products online that are targeted at a UK audience. These restrictions apply 24 hours a day. 

Does the online ban only affect display advertising?   

No, the ban applies to all online ad formats including:   

• Paid-for listings on price comparison or aggregator services, such as sponsored listings on food delivery services  
• Paid-for online display advertising, such as banner ads on news websites and apps, swipe to buy  
• Paid-for online social media advertising, such as in-feed advertising on social media.  
• Paid-for search listings, such as sponsored links on search engines  
• Paid-for creator marketing, such as creator posts paid for/sponsored by an advertiser  
• Paid-for newsletter advertising, such as banner ads in a cookery newsletter  
• Paid-for advertisements distributed through web widgets, such as those located on the sidebar of websites  
• Paid-for advertorials  
• Paid-for advergames  
• Paid-for sponsorship  

The only exceptions are digital out-of-home (DOOH) and online audio-only, which are out of scope of the restrictions.  

Are any ads exempt from these restrictions? 

Yes, the law sets out a number of exemptions from the restrictions. The full list of exemptions is set out in the next section of this page.  

What is the brand exemption?

Ads promoting a food/drink brand, including the brand of a range of products, are not subject to the restrictions, provided that the ad does not depict a specific LHF product or products.  

The regulations place some limits on what can be shown/ included in a brand ad, so advertisers must understand  the scope of the brand exemption.

See the 'brand exemption' section of this page for more information.

What are the rules for on-demand & IPTV services? 

If the service is regulated by Ofcom, a 9pm watershed applies. That means that ads for LHF products are permitted on these services after 9pm.  

Services not regulated by Ofcom are subject to the online ad ban, which means that ads for LHF products cannot appear on these services at any time of day. 

See our factsheet for more info on how the rules apply to TV+ advertising.  
 

Who is responsible for complying with the online ban?   

The party paying to place the ad online is responsible for ensuring that the ad complies with the law. Other companies involved in delivering the campaign are not legally responsible but should be aware of the rules. Companies might want to update their own processes and terms and conditions to reflect the new ban.   

What happens if an ad breaks the rules?    

The advertising regulator, the ASA, will enforce the rules when they take legal effect. If the ASA finds that an ad breaks the rules, the advertiser will need to amend the ad or remove it from circulation. If an advertiser seriously or repeatedly breaks the rules, the ASA can refer the advertiser to Ofcom, which has the power to impose fines.    

Where can I get official guidance?   

CAP, the organisation that manages the CAP Code for advertisers, has published detailed official guidance on the LHF restrictions here. We recommend that all advertisers familiarise themselves with this guidance. 

Identifying whether an ad will be restricted 

The restrictions apply to paid-for online ads for identifiable LHF products. So, if you’re planning to run any of the following ads online, we recommend that you assure yourself that your ad is compliant before you go live: 

• Paid online ad for a food/drink brand or product
• Paid collaboration with a creator to promote a food/drink product
• A paid online ad partnership with a food/drink brand
• Paid online ad that includes food/drink products 

When considering whether an ad is likely to be restricted, ask yourself the following questions. 

Checklist: Is my ad in the scope of the restrictions?

Is the ad paid-for?

What does this mean?

‘Paid for’ means that the party placing the ad has provided consideration, whether monetary or non-monetary, that results in the placement of an ad.

Paid for includes:

• Paying a creator to post content online. ‘Payment’ includes providing the creator with an affiliate link
• Paying to boost content on social media
• Paying a creator to promote a product in a ‘live’ online environment
• Gifting a creator a product, service or experience where the gift results in content being posted online (see FAQs for more detail)
• A retail media arrangement between a brand and a retailer that results in the enhanced prominence of a product listing on the retailer's site
• Paid-for does not include:
• Paying a creative agency to produce content
• Paying other partners in the online ad supply chain to deliver or optimize an ad campaign

Note that ‘owned media’ environments under the control of a brand are not in scope of the rules. So, a brand can post LHF product content to their own socials and website, but they cannot pay to boost or promote that content 

Do any exemptions apply?

What does this mean?

If one of the legal exemptions apply to the ad, or it is out of scope of the restrictions, the ad will not be prohibited.

Legal exemptions:

• Ads paid for by SMEs (fewer than 250 employees) promoting food/drink products that they make or sell    
• B2B ads
• Ads in online audio-only radio services (the online service must correspond to a service that is broadcast by a relevant regulated radio service)
• Ads not aimed at a UK audience
• Ads in audio-only content/media or audio-led platforms, such as podcasts or music-only streaming services. In order for this exemption to apply, the ad must not contain any visual elements.  
• Brand ads i.e. ads that do not depict a specific LHF product or products  
• In order to benefit from the brand exemption, an ad must meet certain criteria. See the 'brand exemption' section of this page for more information.

Out-of-scope ads:

• Digital out-of-home ads are not in scope of the restrictions as the regulator does not view these as ads placed ‘on the internet’
• Ads for HFSS products that aren't classified as ‘less healthy’ according to the criteria set out at the beginning of this document. These ads must follow the existing HFSS rules in the  CAP Code
• Non-paid for marketing in brands’ own media (e.g. websites and organic social content)       

Is the ad for an identifiable LHF product or products? 

What does this mean?

If the ad is paid-for and none of the exemptions apply, the ad will be prohibited if an average consumer could identify it as an ad for an LHF product/s.  

In law this is called the ‘identifiability test’.  An ad will meet the test if it shows, directly refers to, or gives the viewer enough clues to identify a specific LHF product. The content and context of the ad both impact how an average consumer understands what the ad is for, so you will need to consider both content and context when applying the test.   

The LHF brand exemption

Brand ads are legally exempt from the LHF rules, but there are controls on what can be included in these ads. The brand exemption potentially applies to ads placed by all food and drink brands. It doesn’t matter if a brand sells predominantly LHF products or is particularly known for an LHF ‘hero’ product – what is important is that the brand ad itself is compliant.  

Which ads are covered by the brand exemption? 

The exemption covers ads for food and drink brands and ads for a range of food and drink products.  

A range of products means a group of related food or drink products, like a range of crisps or ready meals. A range can include LHF and non-LHF items, but must feature variants of a product, e.g. different flavours. A single product that is sold in various pack sizes or formats does not constitute a range.  

Can I show food/drink products in a brand ad? 

Brand ads can include non-LHF food and drink but must not depict any specific LHF products. If an ad is found to depict a specific LHF product, it will be non-compliant.  

What does ‘depicting a specific LHF product’ mean? 

‘Depict’ means showing or referring to a product by name, text, imagery, audio cue, jingle or other branding technique or combination of branding techniques.  

A ‘specific LHF product’ means a product that is uniquely identifiable and different from other product variations that a consumer can buy in a shop. 

An ad will ‘depict a specific LHF product’ if it: 

• Shows product packaging that is specific to an LHF product
• Shows a specific LHF product without its packaging
• Includes the name of a specific LHF product
• Includes branding related directly to a specific LHF product (e.g. a specific product logo)
• Provides enough ‘clues’ – for example, ingredients or product colours – to identify a specific LHF product
• Includes a realistic image of a food/drink product without packaging that is indistinguishable from a specific LHF product  

However, the following would not be considered ‘depictions of a specific product’: 

• Generic product packaging that is not specific to an LHF product – for example, a pizza box that does not identify the product inside
• Generic product imagery - i.e. images of products that cannot be specifically identified
• References to a non-specific product type – for example, references to ‘ice cream’ or ‘chicken wings’ (provided that the brand running the ad doesn’t only make one specific product of that type!) 

Can I use the name of a range of products in an ad? 

Yes, an ad can include the name of a range of products, provided the name of the range does not identify a specific LHF product. So, for example, a confectionary brand ad could talk about the “luxury milk chocolate range” but could not refer to the “luxury milk chocolate and praline bar”, which would be a specific LHF product.  

What if the brand name is the name of a specific LHF product? 

Including the full name of a specific LHF product in an ad constitutes a depiction of the product, which is not permitted. So, if the name of a brand or product range is exactly the same as the full name of a specific LHF product, the brand name should not be used in paid for ads.  

There are 2 exceptions to this rule. The brand exemption will apply to specific LHF product names if the full name of that product: 

• Is the name (or is included in the name) of a company, franchise or commercial entity that was established before 16th July 2025 and held that name immediately before that date, or
• Is the name of a brand of a range of products that was in use before 16th July 2025 or held that name immediately before that date 

Can I show a food/drink product in an ad without packaging? 

Without packaging, many food and drink products look very similar – for example, a diet soda generally looks exactly like its non-diet version. To ensure that there is no confusion about which ‘version’ of a product is being shown in an ad, the brand exemption legislation stipulates that brand ads should not include realistic images (meaning photos, video, or realistic CGI) of products outside their packaging if they are indistinguishable from a specific LHF product.  

To give an example, a brand makes a range of chocolate biscuits which includes both non-LHF and LHF variants. Outside of the packaging, all the biscuits look the same. If the brand ran an ad for the range that included a photo/video of an unidentified biscuit in the range without packaging, that ad would be prohibited, because the ad would appear to include a depiction of a specific LHF product.  

So, if you want to show a realistic image of a non-LHF food/drink product outside its packaging that looks exactly like a specific LHF product that a consumer could purchase, you need to clearly identify the product the product you’re showing to remove doubt about whether it’s an LHF variant. How you identify the product is up to you – you could show the packaging, use a voiceover or include text naming the product – but you must make sure that it is absolutely clear which specific product you are showing. 

Can I show generic food/drink products or packaging in a brand ad? 

Yes – but you must be absolutely certain that any food/drink products shown are not identifiable as specific LHF products.  

If you’re a food/drink advertiser: 

• You can include generic product imagery (e.g. ingredients used to prepare a product), provided the imagery that you show doesn’t identify a specific LHF product that you sell. So, for example, a confectionary ad for a company that sells a range of chocolate bars could show a chef stirring melted chocolate, but could not show the chef adding constituent ingredients of a specific product, e.g. nuts or fruit
• You can include generic packaging common to several products within a range, e.g. a pizza box, provided the packaging does not identify a specific LHF product that you sell 

If your brand doesn’t sell food or drink, or if you only sell a certain type of product (e.g. dairy) you may want to include food/drink products to support the narrative of your ad. If your company doesn’t offer the kind of product you show, it’s very unlikely that your ad would be perceived as an ad for that product, so you can include generic items – e.g. pizza/ fries/ice cream – provided that none of the products are identifiable as specific LHF products.  

For example, a food delivery company that doesn’t sell its own food/drink products could include a generic chicken wing in a brand ad because the product shown cannot be specifically identified. The consumer doesn’t know where the product comes from or which specific product is being shown. However, if the delivery company did a paid-partnership with a brand that sold chicken wings, the ad could not include an LHF chicken wing as the brand partnership means that the product can be specifically identified.  

Can I include branding? 

Yes – branding (meaning colours, fonts, logos, straplines etc.) relating to a brand, master brand or range of products can be included in a brand ad. However, any branding relating to a specific LHF product should not be included. 

What about brand sponsorships? 

Food and drink brands can continue to partner with non-food/drink brands on paid-for sponsored brand ads. These ads must comply with all the rules set out above, i.e. they must not depict a specific LHF product.  

Ads not covered by any exemptions

If the ASA investigates an ad to determine whether it breaks the LHF rules, it will apply the ‘identifiability test’. To recap, the identifiability test is whether an average UK consumer could be reasonably expected to identify the ad as being for a ‘less healthy’ product or products.  

If the ad meets the test but one of the legal exemptions applies, the ad will be out of scope, and the ASA will not investigate any further. However, if the ad doesn’t fall into any of the exempt categories and satisfies the ‘identifiability test’, it will be prohibited.   

An ad will meet the identifiability test if it: 

• Features, names or directly references an LHF product
• Features LHF product packaging
• Shows a realistic image of an unidentified food/drink product outside of its packaging that is indistinguishable from a specific LHF product
• Gives enough ‘clues’ about a specific LHF product to enable a consumer to identify what the product is 

However, an ad is less likely to meet the test if it: 

• Features an LHF product extremely briefly and does not draw the viewers’ attention to the product
• Shows an LHF product very distantly in the background 

The best way to approach food/drink product ads is to ensure that no LHF products are present or referenced. If you’re working with a brand that has a predominantly LHF inventory, you will need to identify non-LHF options for product-led ads. And remember – the more creative ‘clues’ you give the consumer about a specific LHF product, the more likely it is that the identifiability test will be met.  

Resources

• Official CAP LHF guidance
• Additional CAP supplementary guidance
• BRC Guidance on Food 

FAQs

The regulator has issued very useful supplementary guidance to further support compliance which you can access here. We’d recommend reading through that guidance in full. 

I’m a media owner. What will happen if an LHF product ad is served programmatically to my environment? 

Advertisers – i.e. the party paying to place the ad online – are solely responsible for ensuring that ads comply with the LHF rules. If the ASA rules that an ad is non-compliant, it is the advertiser who will need to take action.  

Media owners are not legally responsible for ensuring that ads hosted in their environments are compliant. However, to protect brand safety, media owners may want to revise their advertising policies to mirror the legal restrictions on LHF ads.  

Do the LHF restrictions impact targeting/ re-targeting of ads? 

The CAP Code puts restrictions on targeting ads for HFSS products, including a prohibition on targeting under-16’s. These targeting restrictions have been in place for many years and must be complied with at all times. However, the LHF restrictions do not put any new or additional restrictions on targeting or re-targeting of online ads, beyond what is set out in the CAP Code. The LHF restrictions only apply to advertising content.  

Remember, if you target a consumer in an environment where LHF product ads are permitted – for example, on a digital out of home screen – and you subsequently re-target that consumer in an in-scope environment (e.g. on socials), you need to ensure that the ad content shown is compliant in each environment where it appears.  

Can I share organic or user-generated product-focussed content on a brand channel? 

Yes – there are no restrictions on content posted to owned-media environments. That means that a brand can post organic content and repost user-generated content showcasing the brands own LHF products on its socials etc. However, the brand cannot pay to boost or promote this content.  

Are ads placed by food/drink SME’s totally exempt from the restrictions? 

Yes – provided the SME is the party paying to place the ad, the ad will be out of scope of the restrictions. That means that SMEs can continue to pay to place ads for LHF products anywhere online – including on display, search, socials and in-game – after 5th January. These ads can show and name LHF products.  

Note that if the advertiser is relying on the SME exemption, it is up to them to ensure that their company meets the legal definition of an SME set out in the relevant regulation. If the ASA investigated an ad paid for by an SME, the brand would need to provide proof of its SME status in order to benefit from the exemption.  

Can I run a ‘teaser’ ad for an LHF product? 

Yes, but take care with the content. If the ad gives enough clues (e.g. specific ingredients/ product specific packaging) to identify a specific LHF product, or shows a specific LHF product/s, it will be prohibited.  

There are no restrictions on linking an ad to a retail site or a brands’ social pages where the product teased in the ad is revealed. However, the ‘reveal’ of the product must not happen within the environment of the paid-for ad.  

I want to advertise a range of products, but some of the products are LHF. Can I still promote the range? 

Yes, the brand exemption allows advertisers to promote a range of products, provided the range contains variants (e.g. different flavours). A single product sold in different pack sizes does not constitute a range.  

Remember, a brand ad cannot depict any specific LHF products. So, if the range includes these products, do not include or reference them in the ad, and ensure that any branding or packaging shown does not identify specific LHF items in the range.  

Can I run an ad showing a food/drink product being made? 

The answer depends on the content of the paid-for ad: 

• An ad showing the making of a specific LHF product sold by the brand will be prohibited if it depicts the final product, includes sufficient clues to identify the end product, or includes any other specific LHF products. For example, if a brand sells a range of LHF cakes, an ad could show a chef preparing generic ingredients like sugar and flour, but could not show the chef preparing ingredients identifying a specific cake in the range or show the final cake once made.
• A brand ad showing non-LHF ingredients being prepared will not be prohibited, provided no LHF products are shown or identified through the content. So, for example, a restaurant brand ad could show chefs in the kitchen chopping fresh non-LHF ingredients, but could not show or identify the final disk if it was LHF.
• An ad showing how a non-LHF product can be used as an ingredient in a home-made dish is unlikely to be prohibited, provided no specific identifiable LHF products are included in the content. The restrictions only apply to specific LHF products that can be bought in a shop, so provided the end dish is not available for purchase, the ad can show the final dish. To give an example, a dairy company could run an ad showing how  its butter could be used by an at-home baker to make a cake at home.  

I’m advertising a non-LHF product that is likely to be perceived by consumers as an LHF item. Do I need to make clear that the product is non-LHF? 

If you’re including a non-LHF product in an ad that looks exactly like an LHF product sold by your brand, you need to make sure you have clearly identified the product shown. You could do this by naming the product using text, a voiceover, or distinctive product packaging with the name visible. You are not required to use words in the ad that highlight the non-LHF status of the product or its composition  - e.g. you don’t need to note that the product shown is ‘low fat’ or part of your ‘healthier’ offering – but you can do so if you wish.  

How can I work with creators once the restrictions come into force? 

There are no restrictions on brands working with creators on paid-for ads for: 

• Non-LHF products
• Food/drink brand ads that don’t depict specific LHF products 

There are also no restrictions on creators posting non-paid for organic content about an LHF product. However, paid-for creator-led content is subject to the LHF rules. That means that: 

• If a brand pays a creator to make ad content about a specific LHF product, the ad will be prohibited
• If a brand gifts a creator a product, service or experience (for example, a visit to a restaurant) any resulting content that depicts an LHF product is likely to be prohibited
• If a brand gifts a creator a product, service or experience (for example, a visit to a restaurant) it is highly likely that any resulting content that depicts an LHF product  will be prohibited as it will be seen as a result of this gift. The ASA will assess content on a case-by-case basis and will look at issues such as if there is any expectation from the brand that the creator posts about what they receive, as well as the specific content within the creator’s post
• If a brand has an underlying contractual arrangement (written or spoken) with a creator that results in content about an LHF product being posted online, the resulting ad will be prohibited
• If a creator has an affiliate arrangement with a food/drink brand, and uses affiliate links in content that refers to/includes specific LHF products, the resulting content will be prohibited 
   

If you’re working with a creator, remember: 

• The UK’s advertising rules say that creators must always declare when content is paid for
• Under the LHF rules, the advertiser– the party playing to place the ad – is always responsible for ensuring ads are compliant, so if you partner with a creator, it’s up to you to ensure that the resulting content does not break the rules
• The LHF restrictions also apply to ‘live’ environments  

How do the rules apply to retail media environments? 

Owned media (e.g. a brand own website or socials) is not in scope of the restrictions because the brand does not pay to post content there.  

The exception to this rule is retailer environments where products produced by other brands are available to buy. In these environments, if a product listing is given enhanced prominence as a result of an underlying contractual arrangement between a brand and the retailer, the listing will constitute a paid-for ad.  

That means that, in online retail environments, brands cannot: 

• Pay to place ads for LHF products
• Pay (either directly or via an underlying contractual relationship) to boost or give enhanced prominence to LHF product listings 

Note that LHF product listings on a retail site are not in scope of the restrictions. The restrictions only kick in where there is a paid-for element that results in enhanced prominence of the listing on the site.