HFSS social media and advertising rules

The HFSS guidelines on social media and online advertising are ready for their second phase in January 2026. What does it mean for brands?

What are the HFSS regulations for online advertising?

The High in Fat, Salt or Sugar regulations seek to make less healthy products less visible to UK consumers. There are two main pieces of legislation which feed into this -  Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 and Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025  which formalised when they’d come into effect. Alongside the pre-watershed TV ban, it mandates a complete ban on online paid-for advertising of non-HFSS compliant products.

When do they come in?

The HFSS regulations for online advertising come into force on the 5th January 2026.

Wait, I can still advertise brands though?

Yes - chocolate companies, for example, could still advertise their brand, but the non-compliant products can’t be identifiable in the content. 

Do the HFSS regulations ban influencer marketing?

Basically, yes, for non-compliant HFSS products. They’re using the same definition as the ASA guidelines on influencer marketing do -gifting, not just payment constitutes paid-for marketing, and therefore means there’s no commercial basis one can engage these influencers and be compliant.

Can brands still post their own content?

Yes, but you can’t advertise it. It’s paid-for activity, not organic, which is banned. So your brand pages can still post, and there’s no issue with organic third-party recommendations - i.e. customers talking about your products. 

Are smaller brands and hospitality chains exempt?

Yes, in short, small brands (defined as fewer than 50 employees) and hospitality businesses with fewer than 250 employees are exempt.

How do I know if my product is HFSS compliant?

Check the guidance! It’s shifted to a ‘balanced scorecard’ approach, so you need to measure your product across the elements of the HFSS scoring system to see if it clears the threshold. 

What are the implications?

• Strong brands, where the product and the brand are closely related will find it easier. Certain chocolate companies or burger brands, for example, can see sales effects without needing to show specific products. Not all are that lucky

• Many relatively well-known food brands have fewer than 50 employees - we will still see HFSS products promoted in our feeds 

• There is potential for some brands to run their paid influencer activity internationally, knowing the globalised nature of social media means it’ll be seen in the UK. This was seen with vape brands, for example, as they established themselves, and is often seen in crypto and similar areas which face tighter regulation within the UK market

• Some influencers will take a hit in their earnings. Some hospitality brands will have to pivot to more focus on the ‘experience’ and less on the dishes to continue to use online advertising and influencers

• The shift to brand not product will bring ‘unhealthy’ food and drink in-line broadly with financial services marketing

• The disconnect with alcohol marketing regulation is marked: you can advertise whisky (within limits) but not a KitKat…