Insights Government further delays ban on TV and online adverts for foods high in fat, salt and sugar (HFSS)


In response to previous consultations (an initial consultation in 2019 and a second consultation in 2020), the Government published a formal consultation response on advertising restrictions for HFSS products, which announced that the UK wide policy will:

  • introduce simultaneously a 9pm TV watershed for HFSS products and a restriction of paid-for HFSS advertising online;
  • include all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom, in the TV watershed for HFSS advertising; and
  • include non-UK regulated ODPS in the restriction of paid-for HFSS advertising online because they are outside UK jurisdiction.

On 9 December 2022, the Government announced that implementation of these policies has been delayed until 1 October 2025. At the same time, the Government launched a new consultation on draft implementing Regulations for certain elements of the policies. These Regulations will be made under new powers in the Communications Act 2003, which was amended by the Health and Care Act 2022.

The aim of the consultation is to gather views on the specific text in the Regulations to ensure that they are fit for purpose. The deadline for response is 31 March 2023. To access the consultation, click here.