UK Government bows to industry: delaying TV and online advertising restrictions again

Following legal challenges from the food industry, the UK government has delayed the 9pm TV watershed and total online restriction of unhealthy food advertising. It was due to be introduced in October 2025 and will now be delayed to January 2026.

Child watching TV. Credit: PixabayChild watching TV. Credit: Pixabay

News Commercial Determinants

Published: Thursday 22 May 2025

The UK Government has announced a delay to the legislation to champion children's health by restricting unhealthy food advertising before 9pm on TV and at all times online. It was due to take effect from the 1st October 2025, and will now begin on 1st January 2026. It is understood that ministers have now been persuaded that the regulations now need to be rewritten.

This is not the first time the policy has been delayed. It was originally proposed to begin in 2022 after it was first announced in the Government's Obesity Strategy in July 2020. This latest decision will result in the policy being implemented over three years later than originally planned.

Sustain has raised concerns about loopholes and areas of confusion being written into the policy as well as undue influence by the advertising and food industry. Earlier this year it was reported that the food industry were threatening legal action. Following this, the government announced they would no longer be restricting brand only advertising (i.e. advertising that is not for a specific product but for a food brand), which has been well established practice in local healthier food advertising policies since 2019.

 

Fran Bernhardt, Sustain's Commercial Determinants of Health Coordinator said:

Once again, unhealthy food and advertising giants will be celebrating as the Government has caved to industry pressure. Ministers should be making decisions based on what will benefit public health, not the shareholders of large corporations. More of our children will now be exposed to unhealthy food advertising, putting them at higher risk of food related ill health like diabetes, tooth decay and obesity. It's simply not good enough - our children deserve better.

 

Barbara Crowther, Children's Food Campaign Manager at Sustain said:

The delay is incredibly disappointing, given repeated government assurances that this legislation would come into force in October. The delay is one thing, but our main concern is the reason for it - to amend the legislation to more explicitly exclude brand advertising. We do not agree that inserting a new clause to the legislation is warranted. The regulations approved already in Parliament are already very clear in focussing on individual products within an explicit set of food and drinks categories, and only restrict advertising of products high in fat, salt and/or sugar.

We are extremely worried that food and drink advertisers will seek to exploit any brand loophole to the max - we already see this trend in advertising.  We're calling on all businesses to adopt both the letter and the spirit of the law and focus their advertising on promoting the healthiest options. We also urge the government to think seriously about the very real likelihood that they may need to close this loophole at a future date.

Today's announcement also raises serious questions about whether this government will be stronger than the last in standing up to commercial food and advertising industry pressure in protecting children's health. We had hoped for more. The public should be very concerned that the commercial food industry has been able to work behind the scenes to force further concessions, and undermine the government's ability to make regulations watertight and effective in protecting children's health. It is absolutely critical that healthy food policy is made transparently and independently in government offices, not in industry boardrooms.

Katharine Jenner, Obesity Health Alliance Director said:

This government committed in its manifesto and via the King's Speech to ending junk food ads targeting children. But like it's predecessor, it appears to be caving in to industry pressure and delaying the implementation of these long-overdue restrictions. We're seeing the result of a coordinated attack by companies selling the unhealthiest food and drinks and the advertising industry, all working to weaken the policy and delay action. It's deeply disappointing that the government is allowing those who profit from unhealthy food to shape policies that should protect public health. I hope we can work together to find a solution, one that finally puts children's health first.


Commercial Determinants: Supporting policymakers and councils to introduce healthy food advertising policies.

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