The Advertising Standards Authority (ASA) has published its first enforcement rulings under the UK’s new restrictions on advertising less healthy food and drink, offering the food and beverage industry early insight into how the regulations are being applied in practice.

The rules, introduced at the start of the year as part of the UK Government’s public health strategy, prohibit identifiable less healthy food products, commonly referred to as HFSS (high in fat, salt and sugar), from being advertised on TV or on-demand services between 5:30 am and 9 pm. They also ban such advertising in paid online media at any time.

The ASA’s initial decisions highlight the importance of product visibility and classification under the Government’s Nutrient Profiling Model:

• Upheld – Lidl Northern Ireland: An influencer-led Instagram post featuring two bakery items was ruled in breach due to the prominence of a less healthy product, despite the inclusion of a compliant item.

• Upheld – Iceland Foods: Online display ads showcasing a range of products, including identifiable HFSS sweets, were found to violate the rules.

• Not upheld – German Doner Kebab: An influencer promotion featuring menu items did not breach regulations, as the foods shown were not classified as less healthy under the Nutrient Profiling Model.

• Not upheld – On the Beach: A TV advert depicting a child selecting a doughnut from a buffet was deemed compliant, as the food was considered incidental rather than the focus of the promotion.

The rulings underscore a key compliance challenge for brands: even when healthier options are included, the presence and prominence of HFSS products can render an advert non-compliant. Conversely, contextual or incidental appearances of such foods may fall outside the scope of the restrictions.

Guy Parker, chief executive at the ASA, said: “As the ad regulator, our role is to remain impartial and independent, making sure our new LHF rules, which reflect the law, are applied fairly and consistently. These initial rulings are an important step in building a clearer picture of how the rules are applied in reality. We’ll be continuing to play our role in administering and enforcing them, including by using tech-assisted proactive monitoring.”

The ASA confirmed it will continue to roll out further rulings in the coming months, supported by its AI-driven Active Ad Monitoring system. The regulator is also stepping up guidance and training to help advertisers, retailers and foodservice operators navigate the evolving landscape.