ASA publishes first rulings on new restrictions for less healthy food and drink advertising

The question

What do the first rulings under the new less healthy food and drink (LHF) advertising rules reveal about the ASA's approach to and interpretation of the restrictions, and what does this mean for advertisers?

The key takeaway

The first set of ASA rulings under the new LHF rules indicate a pragmatic approach across both Ofcom‑regulated TV/on‑demand and paid‑for online media. Specifically, when determining whether the new LHF rules apply, the ASA considers both: (i) whether an advertised food is caught within the definition of "less healthy"; and (ii) whether it is clearly identifiable as the focus of the ad.  It looks like, if the ASA determines that the new rules apply, they will enforce the new restrictions strictly, regardless of sector, format or targeting. However, they are not shy to confirm where the new rules do not apply.

The background

New rules in the CAP and BCAP Codes restricting the advertising of LHF products officially came into effect on 5 January 2026 (after several delays) and prohibit advertising for “identifiable” LHFs:

• from appearing in Ofcom‑regulated TV and on‑demand services between 05:30 and 21:00; and
• in paid‑for online media at any time.

LHF products are food or drinks assessed as HFSS (high in fat, sugar or salt) under the UK's "nutrient profiling model" and which fall within specific categories of food or drink as identified in The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024. 

The rules apply in addition to the existing advertising restrictions that apply in relation to general HFSS products, and the categorisation requirement means that in-scope products are those what we may typically think of as being "junk food" (whereas HFSS foods more generally can include products such as milk and butter).

On 15 April 2026, the ASA published its first rulings applying the new restrictions, finding against Lidl Northern Ireland and Iceland Foods, and in favour of German Doner Kebab (GDK) and On the Beach (an online travel agency). 

The development

These rulings highlight the ASA's approach to the new rules, demonstrating the following:

HFSS status and LHF category both matter

Though all LHF products are HFSS, not all HFSS products are LHF. The rules only apply where an advertised product is both HFSS and falls within one of the specific LHF categories (such as savoury snacks, confectionary, or puddings). 

• GDK: In GDK’s influencer ad, the ASA accepted nutrient profile calculations as evidence that GDK's featured menu items (Inferno OG chicken kebab, chicken rice bowl, chicken doner burrito and Junior OG kebab) were not HFSS products. Though they were the clear focus of a paid online advertisement, as they were not HFSS, they fell outside the new advertising restrictions.
• Lidl: In Lidl's influencer ad, although the cheese pretzels featured were not HFSS, the Pain Suisse were HFSS and also fell within category 8 of the LHF product categories (morning goods, including croissants, pains au chocolat and similar pastries).Thus, the post was held to include an identifiable LHF product.
• Iceland: In Iceland’s Daily Mail banner and display ads, several products were not restricted because they were either not HFSS in the first place or were HFSS but did not fall within one of the LHF categories. However, the ads also included some products which were HFSS and fell within category 4 of the LHF product categories (“confectionery including chocolates and sweets”). Therefore, the ASA considered both ads to include LHF products.

Identifiable product ad vs incidental imagery

When considering 'identifiability', the ASA considers whether a consumer could “reasonably be expected to identify” an ad as being for a LHF, not simply whether an LHF appears on screen.

In the On the Beach TV ad, a close‑up of a child taking a chocolate doughnut from a buffet did not make the ad an LHF ad. The ASA considered the doughnut a generic representation of airport lounge benefits and therefore, incidental. Therefore the ASA did not uphold the ruling.

Similarly, in Lidl's influencer post, a tray of almond croissants appeared briefly and out of focus and was not mentioned in the ad's voice‑over; this was treated as incidental. However, Lidl's ad also included a voice‑over explicitly focusing on two bakery items (Pain Suisse and cheese pretzel). This was enough for the ASA to find that consumers could reasonably identify the ad as being for those products.  Therefore, because the Pain Suisse was an LHF product (and even though the cheese pretzel was not), the ad was held to be for an identifiable LHF product.

Why is this important?

The ASA’s nuanced approach to “identifiable” products and “incidental” imagery means context, creative framing and user perception all matter. It means that advertisers will need to be extra careful when featuring a range of products within advertising - it only takes a single LHF product to bring the whole ad into scope and therefore within the relevant restrictions, even if there are other products featured that are either not LHF or not even HFSS.

The rulings also confirm that the prohibition is framed around “persons” who pay for LHF ads and covers all paid‑for online media placements, not just food retailers or manufacturers. 

Any practical tips?

Brands/advertisers:

• map products stringently against the HFSS criteria and statutory LHF categories at ad planning stage;
• consider avoiding use of LHF products in any TV or paid-for online ads featuring multiple products (e.g. shopping basket style ads);
• take extra care with influencer advertising (use clear written briefs, pre‑approved product lists backed by documented HFSS assessments) and discourage unscripted emphasis on HFSS items, and require approval before posting.

Platforms/ad networks:

• ensure UK ad policies/terms reflect the prohibition on paid-for online advertising of LHF products, and allow rejection of non‑compliant campaigns; and
• align human and automated review to the ASA’s “identifiable” vs incidental approach, focusing on prominent cues.

Summer 2026