Food And Drink Brands On TV: Living With The 9pm HFSS Rule

Since 5 January 2026, adverts for less healthy food and drink have been banned on UK television and on-demand services between 5:30am and 9pm, and paid HFSS advertising online is banned altogether. Most of the industry had been complying voluntarily since October 2025. For food and drink advertisers the question is no longer whether the rule bites, but how to plan around it.

What the rule covers

A product is caught if it falls into one of the categories linked to childhood obesity and scores 4 or more on the Food Standards Agency’s nutrient profiling model (1 or more for drinks). Honey and olive oil, for example, are outside the categories. Ofcom is the regulator and the ASA handles day-to-day enforcement. For TV breaches the broadcaster is liable, and penalties can reach 5% of turnover or £250,000, whichever is higher (Lewis Silkin).

The two exemptions that matter

Smaller businesses. Companies with fewer than 250 employees are exempt. A regional bakery, an independent drinks brand or a growing snack company may be able to advertise before 9pm while its larger competitors cannot.

Brand advertising. Advertising that shows no identifiable HFSS product is outside the restriction. The government has said it does not intend brand advertising to be caught.

The watershed did not take food brands off TV. It pushed the big ones into post-9pm airtime and left daytime to everyone else.

What it has done to the market

The large food advertisers did not leave television; they moved. Post-9pm airtime and brand-led creative absorbed much of the money, adding demand to an evening market that is already more expensive this year. Daytime and early peak lost some of their biggest food buyers, which helps non-food advertisers and exempt smaller brands.

How a smaller food or drink brand should plan

• Check your status first. Confirm headcount and how each product scores before assuming you are in or out.
• Use daytime if you are exempt. Pre-9pm audiences can be cheaper and less crowded now that larger HFSS brands are absent.
• Separate brand and product creative. A brand-led advert with no identifiable HFSS product can run across the day; product adverts may need post-9pm slots.
• Brief the broadcaster. Because the broadcaster carries the liability, copy clearance will ask about nutrient scores. Have them ready.
• Regional tests still work. Regional airtime is still the cheapest way to prove TV for a food brand before going national. See our regional TV guide.

The independent buyer’s view

For an exempt smaller brand, the watershed is a rare structural advantage over the big players, and it will not last forever if the brand grows past 250 staff. Use it while it is there, and buy it carefully: daytime value only becomes a real saving when the audience is right.