As 2025 ticks on, details of the incoming HFSS ban are trickling in. The government has confirmed that brand-led advertising is to be exempted from the ban. The regulations, originally set to come into force on 1st October, will now be delayed until 5th January 2026.
Despite the delay, the industry is committed to a self-enforced ban in October, prior to the official regulations becoming law. And while there will continue to be tussles over exactly what constitutes a ‘brand’ ad, most affected brands have already laid the groundwork for their media strategies in a post-HFSS world.
Uneven ramifications
The regulatory changes will be felt across the category, but brands’ capacity to adapt to the legislation will vary. Many non-HFSS compliant brands have invested heavily in AV campaigns prior to the October deadline, with the FMCG category a “major contributor” to the recent rebrand in TV adspend, according to Thinkbox. The demand for premium inventory may lead to higher AV inflation, impacting brands both in and out of category.
Outside of AV, OOH is not subject to the national HFSS restrictions and is likely to play a major role in FMCG brands’ fame-driving strategies moving forwards. While Outdoor has long been a bastion of fast food advertising, other brands affected by the rules may find themselves in increasingly hot competition for the most valuable adspace.
The shift in emphasis towards brand-led advertising is another area which will impact brands in disparate ways. Some HFSS brands can count on a recognisable brand identity; McDonald’s ‘Raise your Arches’ campaign of 2023 would almost certainly be HFSS-compliant if it ran today. Others will be virtually starting from scratch.
Indeed, from the cigarette bans of the 80s to the gambling regulations of the 00s, history tells us that when new legislation comes into force, brands will be forced to innovate to deliver attention-grabbing campaigns under tighter restrictions.
The Next Course
With the HFSS deadline set, attention immediately turns to the next industry in the firing line of public health regulation. Alcohol is a likely contender, even after the government recently declined to pursue a HFSS-style ban. Despite hints of a delay, the UK’s neighbour, Ireland, is set to introduce cigarette-style health warnings on alcoholic products in 2026. Should this policy be enacted, British eyes will surely be watching from across the Irish Sea for signs of a similar policy announcement.
Outside of alcohol, some dietary groups have called for tighter regulations on the sale and marketing of caffeinated drinks to children. A leading cause of these calls was Prime, the highly caffeinated drink backed by KSI and Logan Paul. While a collapse in Prime sales may have shifted the regulatory focus onto other product categories for now, its initial success brought greater scrutiny on influencer marketing targeting children. As influencer marketing in the FMCG category grows, this could present a future target for government legislation.
While the HFSS debate is far from settled, its impending implementation will create ripple effects throughout the industry. Ultimately, both in this shake-up and the future regulatory changes that will surely follow, brands which fully embrace creativity will be those to thrive in a changing landscape.
