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…
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This is a really insightful breakdown of the new HFSS social media and advertising rules! It’s interesting to see how these guidelines are reshaping the way brands approach content and influencer collaborations, especially in industries that rely heavily on digital marketing. For students or marketers studying advertising ethics and compliance, this blog could be a great reference. When working on similar topics, using a reliable Assignment Writing Service can really help organize complex regulations into clear, well-structured analysis. It’s crucial to stay updated on these changing policies because they don’t just affect promotions—they influence brand trust and consumer perception too. Excellent read with practical takeaways for both brands and communication students!
Really useful breakdown of where the HFSS rules are heading — the point about brand vs. product advertising is something a lot of food and drink marketers are still getting their heads around. What's interesting is that this shift essentially forces brands to rethink their entire content approach, leaning more on Structural Techniques like storytelling, emotion-led creative, and lifestyle framing rather than leading with the product itself. Strong brand equity suddenly matters more than ever, because if you can't show the KitKat, you'd better have built enough cultural connection that people fill in the blank themselves. The influencer angle is particularly tricky — the gifting-equals-paid-for rule closes a loophole many brands quietly relied on, so organic credibility and genuine community…
Understanding these new advertising rules is so interesting, especially as we become more mindful of our dietary choices and habits. I was just reading through your insights while waiting for iftar time london, reflecting on how digital content influences our evening traditions. It’s a great moment to consider how we can balance social media consumption with our daily routines.