New legislation and regulatory changes are reshaping how the food and beverage industry can promote certain products. This article will unpack what these new legislations mean for you and your business and how to maintain compliance and avoid enforcement action authorities.
For restaurants, cafés, takeaways, and food service businesses, now is the time to audit your marketing strategy and ensure compliance.
The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 recently introduced sweeping restrictions on paid advertising for products classified as "less healthy". These changes follow The Food (Promotion and Placement) Regulations 2021 (known together as The Regulations), which restricted in-store promotions, and together they represent a fundamental shift in how the food and beverage sector can market its offerings.
What are "less healthy" products?
Products that fall within specified categories (including breakfast cereals, chocolate, pizzas, burgers, cakes, and complete meals) and score 4+ points (or 1+ for drinks) on the government's Nutrient Profiling Model (NPM) are classified as "less healthy". The NPM assesses sugar, salt, saturated fat, and energy content.
If you're uncertain whether your products qualify, our solicitors can help you conduct NPM assessments.
What you can no longer do:
Paid online advertising is banned
You cannot use paid online advertising to promote less healthy products:
- No sponsored or boosted posts on Instagram, Facebook, TikTok or other platforms
- No paying influencers or food bloggers to feature less healthy items
- Gifting counts as payment - providing free meals or products to influencers in exchange for posts is prohibited
- No paid search, display advertising, or promotions on websites and apps
Example: You cannot run a sponsored Instagram campaign for your triple-chocolate cake or pay a blogger to review your loaded nachos.
TV advertising is restricted
You cannot advertise less healthy products on television between 5.30am and 9.00pm (daytime and early evening ban).
Non-compliance may result in enforcement action by trading standards authorities or complaints to the Advertising Standards Authority, potentially leading to sanctions, reputational damage, and the requirement to withdraw non-compliant campaigns.
What you can still do:
The regulations don't restrict everything. You can still:
- Advertise healthier menu options through paid channels
- Post organically on your own social media (unpaid content)
- Use in-venue marketing freely (menus, posters, digital screens)
- Run audio advertising (radio and podcasts)
- Advertise on TV after 9.00pm
- Use email marketing and your own website without restriction
Strategic tip: Redirect paid advertising to healthier options whilst showcasing your full menu through organic content and in-venue marketing.
Other impacts of the regulations:
Free refills on sugary drinks are now restricted
For restaurants, free refills on soft drinks with added sugar are now restricted (including popular choices like fizzy drinks, milkshakes, flavoured coffees, and non-alcoholic alternatives with added sugar).
SME exemptions
There are various exemptions for companies depending on their size (with those fewer than 250 employees collectively, not subject to the rules), structure or offering.
Take action:
There are practical steps business can take to adapt their marketing strategies and ensure compliance:
- Audit current advertising - review all paid campaigns and influencer arrangements
- Assess your products - determine which items are "less healthy" using the NPM
- Revise your marketing strategy - redirect budgets to compliant channels
- Update policies - review free refill offerings and promotional materials
- Verify exemption status - confirm whether you qualify as an SME
How we can help:
he Regulations have only just come into force, and, therefore, their application and impact are yet to be seen. We anticipate this will be an evolving landscape over the next year or so, and food and beverage businesses need to take action now to begin to understand and implement these Regulations.
Our experienced Corporate and Commercial team can offer tailored advice on how these Regulations apply to your specific business and help you navigate the changes effectively.
We're here to answer your questions and help fill in any blanks, get in touch today.
