Brand advertising exemption from advertising restrictions for less healthy food or drink

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.