In a significant development for the advertising industry, the government has announced a delay in the implementation of a planned law aimed at banning junk food advertising online and on TV before 9pm. This postponement is intended to allow time for the introduction of an exemption for brand advertising into the legislation.
Originally slated to come into effect on 1 October 2025, the advertising restrictions targeting ‘less healthy’ food and drink brands had already seen delays from their initial 2023 and subsequent 2024 enforcement dates. These delays were largely attributed to lobbying efforts by industry stakeholders who expressed concerns about the broad implications of the regulations.
Exemption for Brand Advertising
The government has clarified that the current delay will facilitate the introduction of a Statutory Instrument to legally exempt brand advertising that does not depict specific products. This move aims to address earlier concerns raised by the Committee of Advertising Practice (CAP), which highlighted potential issues with the legislation’s wording that could inadvertently ban all ads from brands associated with less healthy products, regardless of the content depicted.
In a statement to parliament, Health Minister Ashley Dalton emphasized that the Statutory Instrument would provide necessary legal clarification, consistent with the intentions expressed during the passage of the Health and Care Bill. The government aims to consult on the specifics of this exemption before its formal introduction.
Voluntary Compliance by Advertisers
Despite the formal laws now being delayed until 5 January 2026, advertisers and broadcasters have proactively committed to adhering to the restrictions as though they were effective from 1 October 2025. This commitment was formalized in a letter to the government, signed by key advertising and media industry bodies including the Advertising Association (AA), the IPA, ISBA, IAB, and the Food and Drink Federation (FDF). Major broadcasters such as ITV, Channel 4, Sky, and Reach Plc have also pledged their support.
Industry Reactions
The decision to delay the legislation and incorporate a brand exemption has been met with approval from industry bodies. Rob Newman, ISBA’s Director of Public Affairs, noted that many advertisers had already begun developing brand-led campaigns in anticipation of the policy’s shape. He affirmed that advertisers would act in alignment with the voluntary agreement with the government.
Stephen Woodford, President of the Advertising Association, welcomed the clarity provided by the decision, particularly with the festive season approaching—an important period for food and drink advertisers. He pledged ongoing collaboration with the government and the ASA to ensure businesses have the information needed to comply with the legislation by the new enforcement date, while also supporting the voluntary agreement’s implementation.
Next Steps
As the government moves forward with consultations on the brand exemption, industry stakeholders are expected to closely monitor developments. The outcome will likely influence advertising strategies across the sector, as businesses seek to align with both regulatory requirements and voluntary commitments.
Note: This article is inspired by content from https://www.marketingweek.com/government-delays-ad-ban/. It has been rephrased for originality. Images are credited to the original source.