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Mind the gaps: why restrictions on less healthy food and drink advertising fall short

Obesity is a critical public health challenge in the UK, with two-thirds of adults now living with excess weight, and levels of childhood obesity in the UK among the highest in Europe. In January 2026, the government implemented new statutory restrictions on advertising for less healthy food and drink, covering products high in fat, salt and sugar (HFSS) within certain categories, banning paid adverts on TV before 9pm and online at any time.

This report explores the changing face of food and drink advertising, and assesses how much of it falls within the scope of the new regulations on less healthy food and drink advertising.

It identifies several exemptions to the policy and sets out the effect they are likely to have on how the policy works. The report also highlights the role of industry influence on the ambition and timeline of the policy, which has contributed to its weakened potential health impact.

What’s in the report

  • We look at how food and drink advertising spend has changed over the last two decades. While total spend has been relatively constant during this time, increasing by around 7% in real terms between 2004 and 2024, this disguises a likely rise in our exposure to food and drink advertising, driven by a shift from broadcast TV to cheaper, harder-to-avoid digital and outdoor channels.
  • We explore how the current legislation contains several major gaps. These include exemptions for adverts for food and drink brands (as opposed to specific products) and ranges of products; the exclusion of outdoor advertising, a fast-growing channel; the narrow set of 13 food and drink categories covered, and the exclusion of owned media and direct digital marketing, such as brands’ own websites, apps and direct messaging.
  • In a deep dive on direct digital marketing, we demonstrate that younger and more deprived groups face higher exposure and more aggressive tactics: 22% of people receive three or more food and drink marketing messages each day, and 64% of messages promote an unhealthy brand or product. People in the most deprived areas receive nearly 50% more marketing from less healthy food and drink brands than those in the least deprived areas.

Findings/recommendations

  • We estimate that the current restrictions will affect 8% of food and drink advertising spend. This could fall to as little as 1% once likely shifts of spend into unregulated channels and advertising types are accounted for.
  • However, if the government were to close the loopholes which currently exist by including outdoor advertising, unhealthy brands and ranges, and less healthy products outside of the 13 food and drink categories included in the current policy, we estimate restrictions would affect up to 33% of total food and drink advertising spend.
  • Closing these loopholes would strengthen the impact of existing restrictions by limiting companies’ ability to shift spending into exempt channels or formats, and encouraging greater promotion of healthier food and drink.
  • Another public health measure, the healthy food standard policy, was announced by the UK government last year. It has the potential to deliver a step-change in obesity reduction in the UK, but to achieve this, it is crucial that this policy is implemented as quickly and impactfully as possible. To avoid the delay and dilution seen with the advertising regulations, we recommend the government sets an implementation timeline in legislation and holds to it, and establishes critical definitions and scope in legislation introducing the requirement.
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Image Description

Three pie charts presenting advertising regulations in the UK.

Chart 1: Current Regulatory Impact

Pie chart titled "Currently, 8% of total food and drink advertising spend are impacted by January 2026 regulations." The chart shows two segments: 92% of advertising spend is "Unaffected" (blue) and 8% is "Impacted" (yellow). Source: Nielsen Ad Intel Report.

Chart 2: Impact After Redirection

Pie chart titled "However, when considering the proportion likely to be redirected to brand or outdoor advertising, only 1% of food and drink advertising will be affected." The chart shows three segments: 92% is "Unaffected" (blue), 7% is "Likely to be redirected" (grey), and 1% remains "Impacted" (yellow). Source: Nielsen Ad Intel Report.

Chart 3: Estimated Impact of Revised Regulation

Pie chart titled "By closing the loopholes in the regulation, we estimate that a third of food and drink advertisements could be covered." The chart shows two segments: 67% of advertisements are "Unaffected" (blue) and 33% fall under "Revised regulation impact" (green). Source: Nielsen Ad Intel Report.

Authors

Jonathan Bone

Jonathan Bone

Jonathan Bone

Mission Manager, healthy life mission

Jonathan works within Nesta Cymru (Wales), focusing on working across public, private and non-profit sectors to deliver innovative solutions that tackle obesity and loneliness in Wales.

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Patricia Beloe

Patricia Beloe

Patricia Beloe

Senior Analyst, healthy life mission

Patricia Beloe is a senior analyst in the healthy life team.

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Thomas Bunting

Thomas Bunting

Thomas Bunting

Analyst, healthy life mission

He/Him

Thomas is an analyst for the healthy life mission.

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Ellen Davies

Ellen Davies

Ellen Davies

Designer, Design & Technology

Ellen works as a designer in our healthy life mission, bringing designer-led and people-centred methods into our research and innovation work.

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Alexandra Eastaugh

Alexandra Eastaugh

Alexandra Eastaugh

Analyst, healthy life mission

Alexandra works as an analyst for the healthy life mission, helping to deliver the mission through research and analysis.

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Katherine Parkin

Katherine Parkin

Katherine Parkin

Analyst, fairer start mission

Katherine is an analyst with a quantitative focus, working in Nesta’s fairer start mission.

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John Barber

John Barber

John Barber

Director, healthy life mission

John is a director of the healthy life mission.

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