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What do the new HFSS laws mean for brands trying to stay compliant?

Food & Hospitality

From 1st October, the rules flip. Ads for so-called “less healthy foods” are banned before 9pm on TV. Online? Wiped out completely. Break the rules and you’ll be staring at fines of £250,000 or 5% of turnover.

The aim is clear: curb childhood obesity. The impact? A marketing shake-up that rewrites how food and drink brands talk to target audiences.

Creators in the Crossfire

Creators aren’t safe either. Past collab? Gifted hamper? Brand deal three years ago? If you’re a creator with any past or present link to a brand in one of 13 “less healthy” food and drink categories, you’re out. No name drops. No product shots. No excuses.

Confusion Everywhere

And yet – exemptions muddy the water. Radio is exempt. Small businesses (those will less than 250 employees) walk free.

And enforcement? That’s another twist. Brands are told to comply from October, but the ASA won’t properly police until 5th January. A grace period – or a trap?

For brands, the choice is brutal. Go dark and hope sales hold. Or reformulate, rethink, and find new ways to get seen, heard and discovered.

Junk Food Ads Are Out. Smart PR Is In.

This is where PR steps up. When the ad channels close, earned media opens. Broadcast slots. National features. Trade press deep-dives. Creative stunts that drive talkability without breaking rules. PR gives brands reach, credibility, and cut-through – with none of the compliance baggage.

Some brands are already reformulating products. Others are redrawing campaign plans. But the smartest will look beyond ads altogether and start using PR to tell their story, land their message, and own the conversation.

The New Rules of the Game

Because come Q4, the old rules are gone. The way food and drink is sold, promoted, and partnered will never look the same again. One truth will be clear: the brands that win won’t be the ones with the biggest ad budgets. They’ll be the ones that reimagine how they connect with audiences and find bolder, more creative ways to tell their story.