The Committee of Advertising Practice (CAP) has published final guidance on the forthcoming ban on advertising less healthy food and drink products, following a consultation earlier this year (on which we commented here).

We have discussed the new rules – and the (lengthy) time it has taken to arrive this point – in considerable detail in previous posts (see for example here). In short, they apply to businesses with 250 or more employees and impose:

• A total ban of paid-for online advertising of less healthy food and drink products (which also applies to advertising appearing on non-Ofcom regulated on-demand programme services (ODPS)); and
• A restriction on advertising less healthy food and drink products on Ofcom-regulated TV and ODPS (including Ofcom-regulated IPTV services) between 5.30am and 9pm.

Although the restrictions will not take legal effect until 5 January 2026, the industry

voluntarily agreed to comply with them from 1 October 2025, being the original date for the ban to take effect, only for it to be pushed back due to the need to introduce a statutory instrument that explicitly exempted so-called ‘brand advertising’.

As in its draft form, the final guidance from CAP provides helpful clarification on what constitutes brand advertising, confirming that an ad for either a food or drink brand (or a brand of a range of products) will be permitted as long as it doesn’t ‘depict’ a ‘specific’ less healthy food or drink product. The guidance expands on what this means in practice and includes examples of the types of ads that are likely to fall either side of the brand advertising exemption.

As we discussed previously in detail here, the guidance also provides helpful clarification on who is responsible for compliance with the restrictions, what types of media are covered, and various exemptions.

To read the final guidance in full, click here.