Summary
This consultation seeks views on draft secondary legislation to
provide an explicit exemption for brand advertising from the
advertising restrictions for less healthy food or drink on TV and
online.
This consultation closes at
11:59pm on 6 August 2025
Consultation description
We announced in a statement
to Parliament on 22 May 2025 that the government will lay
secondary legislation to explicitly exempt ‘brand advertising'
from the advertising restrictions for less healthy food or drink
on television (TV) and online. This will provide clarity in
legislation of the existing policy intention regarding brand
advertising, as it was understood by Parliament during the
passage of the Health and Care Bill in 2021 to 2022. This aims to
support businesses and the regulators ahead of the restrictions
coming into effect on 5 January 2026.
This consultation is focused solely on the nature of the brand
advertising exemption set out in the draft Advertising (Less
Healthy Food) (Brand Advertising Exemption) Regulations 2025 and
the clarity of the drafting to ensure that the regulations are
fit for purpose. The draft regulations are published below.
We are not inviting feedback on other aspects of the policy which
have already been confirmed following previous consultations and
enshrined in law in the Communications Act 2003 (as amended by
the Health and Care Act 2022) and the Advertising (Less Healthy
Food Definitions and Exemptions) Regulations 2024.
We welcome feedback from all stakeholders through the online
survey.
Documents
Advertising restrictions for
less healthy food or drink on TV and online: secondary
legislation to provide brand advertising exemption - consultation
document
The Advertising (Less Healthy
Food) (Brand Advertising Exemption) Regulations 2025
(draft)
Ways to respond
Respond online
