In light of this exemption, the government has delayed the implementation of the legislation until January 2026 to allow time for further consultation and to formalise the position on brand advertising.

That means, while product-specific ads for LHF items will still be banned across online paid channels and on TV before 9pm, brand-level activity will not fall under the same restrictions – at least for now.

Here’s a summary of what we know so far:

• Product advertising remains restricted: Any campaign promoting a specific LHF item will still be prohibited across online paid media and pre-9pm TV from 5 January 2026.
• Brand-only campaigns are permitted: The government has agreed that advertising activity focused solely on the brand, without reference to LHF products, does not fall under the ban.
• Voluntary compliance is expected from 1 October: Businesses are being asked to align with the incoming framework in good faith while formal amendments to the legislation are made.
• Full statutory enforcement begins from 5 January 2026: The Advertising Standards Authority (ASA) will be responsible for overseeing compliance.
• No final ASA guidance is expected before October: So while we have more clarity on brand ads, some areas remain uncertain – particularly for complex or category-blurring campaigns.

There’s still nuance to work through – especially around how brand identity and product associations are interpreted in creative – but this latest update creates space to move forward with greater confidence.

Linney – your partner in LHF strategy

HFSS doesn’t mean compromise. You can still be compliant, compelling  and competitive in an HFSS world.

We understand how challenging these evolving rules can be for brands trying to plan ahead. We’re already working with several clients on scenario planning, creative reviews and campaign adaptations in response to the new guidance.

If you’d like help exploring your options, we’re here to support. Talk to our experts today.