Advertising and Marketing | UK Regulatory Outlook September 2025

Regulations made exempting brand adverts from LHFD advertising restrictions and government response to consultation 

The Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 have been made following consultation. The regulations explicitly exempt "brand advertisements" from the advertising restrictions for less healthy food or drink (LHFD) products on TV and online, which are due to come into effect on 5 January 2026 (see this Insight). The government has also published its response to the consultation. See this MarketingLaw article for background. 

In its response, the government explains what it is trying to achieve through the regulations, where respondents suggested there was confusion, and made various amendments. For example: 

• Respondents raised concerns over how the draft regulations would treat brands where the identical name is shared by a brand of a range of products and by a specific LHFD product. Under the regulations, companies that share a name with an LFHD product may still advertise using that name. The government has accepted that the rules should be the same whether a company or a range of products shares a name with a specific LHFD product and has amended paragraph 6 of regulation 2 on the definition of a brand advertisement to include product ranges. As with company names, this is limited to brands already in use immediately before 16 July 2025, to prevent ranges being deliberately created to share the name of a specific LHFD product within the range.
• On brand and product ranges logos, the government has clarified that these are permitted, provided the content of the ad does not depict a specific LHFD product. It has added "logo" to the list of branding techniques in the definition of "depict" and clarified that "name" includes a name appearing in the logo.
• On the definition of depict, which includes ways in which ads might depict a specific LHFD product, the government has added "brand character" to the list to make clear that ads that include brand characters that relate to a specific LHFD product or products are not exempt. Brand characters that relate only to brands of ranges of products or companies will not be restricted.
• The government has amended paragraph 5 of regulation 2 to replace "photographic image" with "realistic image" and provided a definition for "realistic image". 

The regulations will come into effect on 31 October 2025. 

The government has also published a collection page, bringing together information about all the regulations relating to the restrictions on advertising and promoting LHFD products. 

CAP/BCAP consultation on implementation of LHFD product advertising restrictions 

With the brand advertising exemption regulations now in place clarifying how the LHFD product advertising restrictions apply to "brand advertisements" (see item above), the Committees of Advertising Practice have published their delayed consultation on implementation of the restrictions themselves. The consultation was delayed due to the need for clarification around brand advertising. 

The consultation covers the committees' proposals for implementing the restrictions into the UK advertising codes of practice, as well as draft implementation guidance reflecting the underlying legislation and explaining how the Advertising Standards Authority is likely to enforce the new rules. 

The committees consulted on proposals for the new rules and guidance in 2023 and again earlier this year, but they are now consulting afresh due to the introduction of the new brand advertising exemption regulations, which they say have necessitated significant changes to their proposals. The proposals in this new consultation therefore supersede those consulted on previously and responses to the earlier consultations will not be carried forward as part of this new process. Those who provided input previously will therefore need to do so again. Those who missed out last time have another chance to comment on and shape the final rules that will be added to the codes.  

The consultation closes on 9 October 2025. 

Government publishes guidelines on baby food and drink: marketing aspects 

The government has published new voluntary industry guidelines for commercial baby food and drink. The food and drink products covered are for children aged up to 36 months. 

The guidelines cover, among other things, actions that businesses should take to improve the labelling and marketing of these products to help make it easier for consumers to make healthier choices. 

They strongly encourage food producers to: 

• Label products in line with scientific and government advice to introduce solid foods at around six months of age.
• Provide honest labelling so that product names are not misleading and are aligned with the quantity of primary ingredients.
• Restrict inappropriate on-pack marketing and promotional statements that make "implied health claims" about health or nutritional benefits that are not based on scientific evidence.
• Have clear feeding instructions (for example "use a spoon" or "do not suck") on the front of products packaged in pouches with a nozzle.
• Not to label and market snacks or food products that can be eaten between meals as suitable for children aged 12 months and under (snacks for babies under the age of 12 months are not in line with government dietary guidelines). 

The guidance also sets out targets for businesses to reduce levels of sugar and salt in each product category. 

Businesses have until the end of February 2027 to implement the actions on labelling and marketing. The government will monitor implementation progress, and will consider additional or alternative measures should businesses fail to implement the guidelines. 

CMA guidance on fake reviews and endorsements under DMCCA  

See Consumer section.