The UK's Junk Food Ad Ban | A Guide for Ecommerce Brands

In an effort to tackle a growing rate of childhood obesity, the UK government has formally introduced a ban on unhealthy foods under the HFSS Act.

For businesses looking to grow, it represents a monumental challenge. Whether you're a local bakery with a modest online presence or a grocery conglomerate with multiple brands stocking supermarket shelves, you're likely wondering what the changes mean in the same way.

No matter if you’re an ecommerce business looking for clarity on how the act affects your ability to market your business online or a food conglomerate wondering if you should repurpose your TV advertising budget, let's look at what the new legislation means and what avenues you still have to grow your business.

What is the UK's Junk Food Advertising Ban?

Passed in 2024 and formally brought into effect in January of 2026, the UK junk food advertising Ban - or the HFSS (High Fat, Sugar, and Salt) legislation - aims to restrict the promotion and advertising of less healthy food and drink products, particularly those high in fat, sugar, and salt.

The legislation follows a series of other laws, such as the tax on sugar in soft drinks introduced in 2016 and the 2022 calories-on-menus requirement. However, this act takes things a step further as it affects how businesses operate online, meaning you don’t even need a brick-and-mortar location to be affected

The changes are a watershed moment for the food and drink industry in the UK, but will affect businesses with more than 249 employees differently from how they affect brands with 249 employees or fewer. So, if you're a local, family-run bakery looking to drum up some interest by posting some ads on Instagram, the following is worth paying attention to. But if you're a multi-brand conglomerate, you'll need to read the fine print and read it well.

What Foods Are Affected? What Counts as "Junk Food"?

Too much of anything isn't good for you. And in the same way, certain foods typically thought of as unhealthy can be good for you if prepared in certain ways - so what actually counts as junk food?

There are two checks a food item must pass for the ban not to apply. Firstly, there are the 13 broad categories targeted by the ban.

They are:

Soft drinks with added sugar - eg, Cola, Juice, and Smoothies.
Savoury Snacks - eg, Crisps and crackers (there are exceptions for nuts, dried fruits, and Jerkies).
Breakfast cereals - eg, Granola, muesli, cornflakes.
Chocolates and sweets - Also includes popcorn and chewing gum
Ice cream - Including ice lollies and frozen yoghurts.
Cakes and cupcakes - Including flapjacks, brownies, and doughnuts. Icing itself is exempt.
Biscuits and biscuit bars - Including protein and cereal bars.
Morning goods - eg, Croissants and pastries, but also includes crumpets and scones.
Desserts - eg, Custard and jelly.
Sweetened Yoghurts - Including probiotic yoghurts and yoghurt drinks.
Pizza - Does not include garlic bread or plain base pizzas.
Pre-prepared Potato-based products - eg, Oven chips and hash browns.
Ready meals - Anything intended to be eaten as a main meal, such as sandwiches and burgers.

Some primary exceptions to the ban include baby formula, weight control products, meal replacement products, food supplements, and drinks intended for medicinal purposes. If a food item does not fall into any one category, it will then be judged on a government scoring system to determine whether or not it is a "less healthy" option.

What Does the Ban Entail?

The new legislation creates several new restrictions for what kinds of adverts are allowed for products deemed as HFSS. The primary restrictions include a ban on television adverts for HFSS products on British television between the hours of 5:30 am and 9:00 pm, and a ban on paid-for ads online, including Google Search, Google Display, Meta, TikTok, and influencer marketing, no matter the time of day.

This represents a significant shift in how food and drink brands can reach their audiences. The television watershed approach means that prime-time advertising slots are now off-limits for these products, while the comprehensive online ban eliminates many of the digital marketing strategies that brands have relied upon for years.

However, the act does include an exemption for small to medium-sized businesses, which it defines as businesses with 249 employees or fewer.

Understanding the SME Exemption: Does It Apply to You?

The legislation includes an important exemption for small and medium-sized enterprises (SMEs), but the definition is more nuanced than simply counting heads in your office.

A business qualifies as a "food or drink SME" and is exempt from the restrictions if it employs fewer than 250 people on the first day of the financial year (April 6th). However, there are critical details to understand:

Your employee count includes everyone, everywhere. This means that if you operate internationally, all employees in every country count toward your total. A UK bakery chain with 150 employees domestically and 120 in France would have 270 employees total and would not qualify for the exemption.

Additionally, franchises are treated as part of the franchisor's business. If you're a franchisee operating under a recognised brand with standardised food offerings, premises appearance, and business model, your employees count toward the franchisor's total, not as a separate business. This means individual McDonald's or Subway franchisees cannot claim the SME exemption independently. The only exception is for franchise agreements limited solely to alcoholic drinks, where the franchisee has freedom to determine other food and drink offerings.

Associated companies count too. Employees of parent companies or subsidiary companies who work for your business also count toward the 250-employee threshold.

If you qualify as an SME under this definition, you can continue advertising HFSS products during the restricted hours and post ads online as you did before.

If you're close to the 250-employee threshold or operate in a franchise model, it's worth seeking legal clarity on your specific situation before planning your 2025 advertising strategy.

What's Still Allowed?

Despite these new restrictions, brands aren't without options. Organic social media content and other forms of "owned content" such as email campaigns, search engine optimisation strategies, and business-to-business communications remain permissible. Radio ads, in-person brand activations, and out-of-home ads such as billboards are still allowed as well.

This means that, while paid digital advertising is restricted, larger brands can still build communities on social platforms through authentic content, maintain direct relationships with customers through email marketing, and invest in longer-term visibility through SEO. The legislation draws a clear line between paid promotion and organic brand building, effectively pushing companies toward the latter.

What Can You Do Now?

SEO and search visibility will be largely unaffected but may become more competitive as larger brands battle it out on SERPs, shifting their budgets to organic visibility due to the ban on HFSS paid ads. Search engine results pages will be the new online battleground for brands impacted by the legislation, making it crucial to strengthen your organic search presence now before the competition intensifies.

Paid-for affiliate links will be banned, but earned organic links are allowed, which will be a key driver for brand growth and search visibility. This means that building genuine relationships with publishers, content creators, and industry voices becomes more valuable than ever. Brands that invest in creating newsworthy stories, developing innovative products, and contributing meaningfully to conversations in their space will earn the organic coverage that drives both authority and traffic.

Content marketing strategies will need to evolve beyond simple product promotion. Educational content, recipe development, nutritional information, and community-building initiatives can all help brands maintain visibility and engagement without falling foul of the regulations. Email marketing lists become a more valuable asset, as direct communication channels with customers who have opted in remain unrestricted.

Additionally, brand-led campaigns that don’t directly advertise the products are currently in a limbo state, with no legislation technically applying.

Who Stands to Lose?

As much as we love our performance marketing, it's the brands that are too reliant on it that are going to suffer the hardest. Companies that have built their entire growth strategy around paid digital advertising will find themselves scrambling to replace that channel. Those without established brand recognition, strong organic search presence, or diversified marketing approaches will feel the impact most acutely.

Smaller brands that have relied on affordable digital ads to compete with larger players may find themselves at a disadvantage initially. However, the playing field could eventually level out as all brands are forced to compete on the same terms when it comes to organic visibility and owned media.

Which Brands Will Win from the New Legislation?

Those with the guts and, unfortunately, the cash flow to invest in organic brand visibility in the long term will come out ahead. Strong PR and brand equity become invaluable assets under this new regime. Brands that have invested years building recognition, trust, and loyalty will find their efforts paying dividends now that paid shortcuts are no longer available.

Companies with strong in-store presence and retail partnerships will also benefit, as physical retail environments remain largely unrestricted under the new legislation. The ability to secure premium shelf space, create compelling point-of-sale displays, and build relationships with retail buyers becomes increasingly important.

Ultimately, this legislation rewards brands that take a holistic, long-term approach to marketing. Those willing to invest in content creation, SEO, community building, PR, and brand storytelling will find themselves better positioned than competitors.

For ecommerce businesses in the UK, a shift in focus towards organic content creation and search engine marketing is key.

What the UK's Junk Food Advertising Ban Means for Your Brand

The details of this ban are still unravelling, and the path forward will become clearer once the dust has settled. If you’re an ecommerce brand that needs support navigating the new landscape in 2026, contact us. We'd love to hear from you.