From 1 October, a new chapter began for the UK’s advertising industry. Restrictions on the promotion of “less healthy” food and drink products – officially classified as HFSS (high in fat, salt, or sugar) – have now come into force.
Under the Health and Care Bill, HFSS ads are banned before the 9pm watershed on both television and on-demand platforms, regardless of programme type or audience profile.
Previously, such restrictions only applied to children’s programming, offering brands more flexibility to promote products during primetime family shows.
But now, the new law represents one of the most sweeping overhauls of broadcast advertising in recent years – signalling the government’s tougher stance on tackling obesity and poor nutrition, especially among younger audiences.
What the New Rules Mean
The new measures apply to any TV or on-demand advert featuring HFSS products, effectively blocking companies from showcasing items like soft drinks, confectionery, fast food, or snack products before 9pm.
There are, however, two key exemptions. The first applies to small businesses with fewer than 250 employees, ensuring independent producers and local food outlets are not disproportionately impacted.
The second allows brand-led campaigns that do not feature a specific HFSS product – meaning a company can still advertise its brand name or message, as long as it avoids displaying any identifiable “less healthy” product.
Ofcom will act as the statutory regulator, while the Advertising Standards Authority (ASA) will handle day-to-day enforcement, ensuring compliance across all broadcasters and advertisers.
In addition, the government has confirmed that similar restrictions will be extended to paid-for online advertising, aligning digital campaigns with the same watershed standards. Further details on implementation timelines are expected in the coming months.
Industry Reaction: A Divisive Debate
While public health advocates have praised the move as a major step towards improving national health outcomes, reactions within the marketing and grocery sectors have been mixed.
Supermarket chains and FMCG (fast-moving consumer goods) brands – particularly those reliant on seasonal campaigns – have expressed concerns about the impact on major advertising periods, such as Christmas and Easter, when indulgent treats traditionally dominate the airwaves.
For many advertisers, these changes mean re-evaluating entire creative and media strategies. Christmas adverts that once featured chocolate, crisps, or festive desserts may now need to shift focus toward broader brand storytelling, family moments, or non-HFSS products.
The Marketing Impact: Creative Constraints or Strategic Opportunity?
From a marketing perspective, the introduction of the 9pm HFSS watershed could represent both a challenge and an opportunity.
On one hand, it limits advertising freedom, removing the ability to reach mass audiences during primetime – a slot that traditionally delivers the highest engagement and emotional impact.
Large brands may find themselves restructuring campaign schedules, moving towards post-watershed slots or investing more heavily in digital, influencer, and experiential marketing to maintain reach and relevance.
On the other hand, the new rules could encourage more creativity. With direct product advertising restricted, brands might pivot toward emotive, lifestyle-driven campaigns that build brand identity without showing the product itself – a strategy successfully used by giants like Coca-Cola and McDonald’s in the past.
Moreover, the regulation could accelerate a shift toward healthier product innovation, as companies reformulate recipes or develop new ranges that fall outside the HFSS threshold. Those who adapt early could gain a competitive advantage, appealing to increasingly health-conscious consumers.
The Road Ahead: Aligning Broadcast and Digital
A particularly notable aspect of this reform is the government’s intent to align the TV watershed with paid-for online advertising rules.
This signals recognition that today’s audiences – especially younger consumers – are more likely to see ads through YouTube, TikTok, and streaming platforms than traditional TV.
For advertisers, this will likely lead to tighter scrutiny of social media, influencer partnerships, and digital placements, as the same standards are extended across platforms. The challenge lies in ensuring compliance while maintaining effective reach – particularly as algorithms and ad targeting become more complex.
A Balancing Act Between Health and Commerce
The introduction of the HFSS advertising watershed ultimately represents a balancing act between public health priorities and commercial freedom.
Supporters argue the move is long overdue, helping reduce children’s exposure to high-calorie food marketing and reinforcing the government’s broader health strategy. Critics, however, warn it could stifle creativity, harm revenue, and disproportionately impact the food and drink industry during a time of economic pressure and shifting consumer behaviour.
Conclusion: A Healthier Future or a Creative Dilemma?
As the new regulations settle in, the advertising landscape is set for a period of adjustment. Brands will need to innovate, adapt, and find new ways to connect with audiences without relying on their most popular products.
While the short-term impact may include reduced visibility and higher creative costs, the long-term result could be a healthier advertising ecosystem – one that rewards responsible marketing and inspires genuine innovation.
Whether viewed as a public health victory or a creative constraint, one thing is certain: the 9pm HFSS watershed marks a turning point for advertising in the United Kingdom – and its ripple effects will be felt across every corner of the industry.
