How Marketers Can Avoid a January Jump Scare on UK 'Less Healthy Food' Rules

This Halloween is looking a pinch scarier than usual for UK food and retail marketers and their agencies. That’s because on October 1 the new ‘less healthy food’ (LHF) advertising rules kicked in, on a voluntary basis.

The new regulations prevent specific food products, as listed by the UK government, from being shown in TV and VOD advertising before a 9.30pm watershed, and ban them from paid social advertising entirely. As discussed earlier this week, the new rules do offer up opportunities to get creative with brand building advertising… but even that pathway could be littered with as many tricks as treats. Where does product end and brand begin?

Katharine Mason is an advertising lawyer at Browne Jacobson and she says agencies and brands are right to be wary. The implementation of the new rules have been pushed back several times thanks to a lack of clarity.

“Amid ongoing controversies and delays, some businesses might be uncertain about the impact of incoming advertising restrictions on HFSS (high fat, salt, sugar) foods,” she says. “We're still waiting on the third round of guidance, and frankly, the terminology is tripping a lot of people up!

“It's crucial to understand that existing restrictions already apply to foods meeting HFSS thresholds. The new January bans target a specific subset: "less healthy foods" that meet HFSS criteria AND appear on the government's proscribed list.”

This voluntary period, therefore, represents a three month buffer zone to get to grips with the regulations and test where the boundaries lie. The rules come into force legally on January 5, 2026.

Claire Haddrill is client partner and senior director at Ogilvy PR Social & Influence and she sees that advertisers have an opportunity to get on the front foot ahead of January. “Brands that use this time wisely, building trust, earning their way into conversations and forging deeper connections with consumers, will lead in a post-HFSS era,” she advises.

From a practical and legal perspective, Katharine has some clear steps that marketing teams and agencies can follow to make sure that they don’t get caught out.

“First, audit your product portfolio. Calculate HFSS scores and cross-reference against the restricted categories list. Knowledge is power – know exactly which products will be affected. Break out the calculator, understand the scores and check what’s on the list,” she says. “Second, review marketing strategies across all channels. Ensure digital advertising teams understand that online paid advertising restrictions have no watershed exemption, they apply 24/7.

“Many clients are using this transition period strategically, running internal knowledge sessions and risk assessment workshops. The goal is identifying potential compliance gaps before they become ASA enforcement issues.”

It’s not just about the legal practicalities though. Looking at the problem with her PR hat on, Claire can see how brands that are seen to be making a real effort to lean into the spirit of the new regime could end up building trust and reputation.

“HFSS isn’t just another rule book to follow, and brands that just try to tick boxes will miss the point entirely. Proactive brands that embrace this extended period of change will build trust, showcase creativity, and outperform those who simply focus on tactical compliance,” she says.

“It’s an opportunity for brands to rethink the social bonds they hold with their audience and spark a new era of meaningful engagement. This means interrogating channel strategies, leaning heavily into earned and owned media, and optimizing social presence.”

As intimidating as the regulations may appear, brands that make the effort to engage and change their practices during the upcoming spooky season and festive ad jamboree will save themselves a massive jumpscare in January when the voluntary code becomes law.

“The message is clear: invest time now in understanding the rules, training teams, and adapting strategies,” says Katharine. “Proactive preparation today prevents regulatory headaches tomorrow.”