As IPA members will, hopefully, be aware, the Government announced in May that brand advertising that does not identify less healthy food/drink (LHF) products will not be in scope of the LHF advertising restrictions which were due to come in on 1 October.
To allow time for the legislative process to incorporate this clarification, the Government amended the implementation date of the restrictions from 1 October 2025 to 5 January 2026.
As a condition of bringing in the brand advertising clarification, the Government asked industry, including the IPA, to sign a voluntary agreement, via a joint industry letter, to try to ensure adherence to the restrictions by industry as if they were still coming into force from 1 October 2025.
This voluntary agreement is built on trust, and the industry’s behaviour will be closely watched by Government and others. Failure to comply with the agreement and the restrictions from 1 October will give Government scope to regret its decision and question the integrity of our industry when considering any future advertising restrictions, whatever the sector.
The IPA is, therefore, reminding its member agencies to do everything possible to ensure that, as of 1 October, ads they create for broadcast on television or on-demand-programme-services, between 5am – 9pm, or paid-for ads intended for online publication at any time, comply with the agreement and the restrictions and do not include identifiable LHF products. Brand advertising that does not identify an LHF product will be permitted.
As referred to in the joint industry letter, agencies should have regard to the ASA’s draft guidance of December 2023 (even though it was not finalised), when considering their approach.
The full text of the restrictions (excluding the brand advertising clarification which will be introduced separately) is set out in Schedule 18 of the Health and Care Act 2022 (which amends the Communications Act 2003).
Richard Lindsay | Director of Legal & Public Affairs
Last updated 10 July 2025