In a statement released on 12th September, Public Health Minister Andrew Gwynne signalled the new Labour government’s intention to proceed with legislation introducing a 9pm watershed on TV advertising, and a total ban on online advertising for HFSS (High Fat Salt Sugar) foods and drinks.
The new regulations were originally proposed by the Conservatives in 2020 and have been subject to numerous delays. This statement represents the strongest indication yet that the rules will change, and sooner rather than later.
What Does the 2025 HFSS Ban Involve?
The legislation is set to take effect on 1st October 2025, and will see paid digital advertising for HFSS products banned entirely, and a 9pm watershed imposed on linear TV and on-demand services. Whether IPTV (Internet Protocol TV) will be subject to the watershed or outright digital ban is currently in open consultation.
The restrictions apply to HFSS products or logos only. Brand advertising will still be permitted, as long as an identifiable HFSS product or logo doesn’t feature. SMEs are exempt from the restrictions.
How the HFSS Ban Impacts TV Trading and Ad Placement
The ban’s effect on linear TV pricing is unclear. Currently late peak (20.00-22.59) is the daypart in highest demand; the restrictions would likely further concentrate demand between 9pm and 11pm. TV pricing deals may increase to reflect this, or we may see a wider group of programmes in this timeslot traded outside of TV pricing deals as ‘special’ programming.
Top Strategies for HFSS Brands to Navigate 2025 Ad Restrictions
Brand Advertising, and Product Diversification
It’s important to remember that the ban will apply to products, not companies. Brand advertising will still be permitted, as long as no recognisable HFSS products feature. So ’safe’ brand copy can still run pre-9pm on TV (and all day online), in tandem with HFSS copy post-watershed.
Non-HFSS products are also permitted pre-9pm, so diversifying product ranges and/or menus may help. In 2022 Mars announced a range of healthier snacks, ‘Triple Treats’, to which the ban would not be applicable. Healthier menu options for QSR (Quick Service Restaurants) or food delivery services could also be promoted.
Don’t Give Up on TV / Streaming TV
Linear TV and Streaming TV will remain valuable channels for HFSS advertisers. The post-watershed ‘daypart’ on linear TV would include two thirds of ‘Late Peak’ and index strongly for younger and lighter viewers, who tend to favour later viewing. For light to medium-weight HFSS campaigns, ratings could be redirected between 9pm and 12.30am with minimal loss of reach, subject to supply. However, for heavy-weight advertisers, it won’t be possible to replicate the scale that all-time TV affords.
Affected advertisers may also need to revisit their station mix; some channels (E4, Channel 4, Channel 5 and ITV2) perform disproportionately well from 9pm-1am.
Maximise Efficiency on Other Channels
Proposed restrictions do not apply to paid OOH, audio, print, or organic digital activity. It’s therefore important that affected HFSS brands reevaluate these channels, and decide whether they are being used to their greatest potential.
Continuous measurement and recalibration will be crucial. Advertisers must make evidence-led investment decisions to re-establish the optimal media mix, and maximise efficiency on the channels available.
Prepare for Change and Capitalise on New Opportunities
The upcoming HFSS restrictions will reshape the UK advertising landscape, shifting demand for prime ad slots and channels not covered under these proposed restrictions. Strategic planning is essential as brands adapt to these changes.
At Ebiquity, we specialise in guiding brands through the evolving media landscape, optimising campaigns to ensure maximum impact from your investments.
Reach out today to discover how we can help you future-proof your advertising plans for 2025 and beyond.
