On 18 September 2025, the Committees of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) launched a further consultation on the implementation of advertising restrictions for less healthy food and drink products. This follows two earlier consultations and reflects the Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 (SI 2025/1011), which clarify that brand advertising is exempt from the new restrictions coming into force on 05 January 2026. The consultation is open for three weeks and closes on 9 October 2025 at 5.00 pm. Therefore, from 05 January 2026, ads for identifiable less healthy products will be banned:

• On Ofcom-regulated TV and on-demand services between 5:30am and 9:00pm; and
• In paid-for online media at any time.

However, brand advertising - where no specific product is depicted - is now expressly excluded from scope. The exemption has prompted CAP and BCAP to issue a standalone consultation, rather than amend previous guidance, allowing stakeholders to comment again on the revised proposals.

Key takeaway for QSR operators: Ads must not depict or promote specific less healthy products to qualify for the exemption. The accompanying guidance (see ASA and CAP/BCAP consultation documents) outlines what makes a product “identifiable” and when brand advertising falls outside the scope.

Businesses - especially those who responded to earlier consultations - are strongly encouraged to review the updated guidance and submit feedback before the 9 October 2025 deadline.