Advertising ban on ‘less healthy’ food and drink - is your ad caught by the new rules?
Do you have 250 or more employees*?
*Note, franchises are deemed to be part of a franchisor's business.
Is your ad directed at other businesses only (i.e., not at consumers)?
Is it an ad which is for either: (i) a food or drink brand, or (ii) a brand of a range of products?
Does the advert 'depict'?show / feature or otherwise represent a 'specific'?e.g., a purchasable and differentiated product or range of products?
Examples of ‘specific’:
- A generic chocolate bar would not be specific because it cannot be bought (as long as the depiction of the bar doesn't look visually indistinguishable from a specific chocolate bar) whereas a known brand chocolate bar e.g. Dairy Milk, can be purchased and is differentiated from other chocolate bars.
- A drinks can, which is part of a range of drinks products, shown in an ad without any features that distinguish that can from any others in the range, is not likely to be specific.
- The depiction of a pizza box, but not the pizza itself, is not likely to be specific.
Is the specific product depicted in the ad a 'less healthy'* product, or a range of product which includes a 'less healthy' product?
*'Less healthy' products are products in the categories of food and drink in the Schedule to the Regulations, that score 4 or more for food and 1 or more for drink, using the Nutrient Profiling Model (NPM) and accompanying guidance are considered 'less healthy' products.
Does the ad contain a realistic image of a food or drink product(s) in or out of the product's packaging?
Is the realistic image of the food or drink product visually indistinguishable from a specific LHF product?
Is the advert for a non-specific 'less healthy' food or drink product that promotes a brand name which could also be the name of that specific product, or a specific product within that brand's range?
For example, a brand ad for the Coca-Cola Company may depict a can which is not a specific LHF product but Coca-Cola is the name of an LHF product within the company's range.
Was that company or brand established before 16 July 2025?
Your ad likely does not benefit from the brand exemption, and the ad will be subject to the identifiability test under the new rules.
Your ad will not benefit from the brand exemption, and the ad will be subject to the identifiability test under the new rules.
Your ad will not benefit from the brand exemption, and the ad will be subject to the identifiability test under the new rules.
Is your ad for, or does it feature an identifiable?A product is "identifiable" if persons in the UK could reasonably be expected to be able to identify the ad as being for that product or a range of products. product or products?
Does your ad feature something else?"something else" might include a stylised representation of a product, or things which draw the viewer's attention to the product - e.g., a jingle, images in the foreground, text on screen, and duration of the product's appearance. within the context of the ad (such as imagery, a brand logo or jingle) which does not explicitly refer to a product, but which has the effect of identifying the product?
Does your ad include 'less healthy' products (or a brand logo specific to a 'less healthy' product)*?
*Any products in the categories of food and drink in the Schedule to the Regulations that score 4 or more for food and 1 or more for drink, using the Nutrient Profiling Model (NPM) and accompanying guidance are considered 'less healthy' LHF products.
Will your ad be featured on:
Is your service simultaneously available on an identical (including all adverts) Ofcom-regulated platform?
Is your ad directed at UK audiences?
Is your ad directed at other businesses only (i.e., not at consumers)?
Is your ad for, or does it feature, a brand which sells or supplies only (or almost entirely) ‘less healthy’ products*?
*Any products in the categories of food and drink in the Schedule to the Regulations that score 4 or more for food and 1 or more for drink, the Nutrient Profiling Model (NPM) and accompanying guidance are considered 'less healthy' LHF (LHF) products.