Beyond the ban: finding the opportunity in LHF and HFSS guidelines

Food and drink marketing is shifting again. From January, new guidelines on ‘less healthy food’ (LHF) promotions will land, with voluntary compliance encouraged from early October.  These measures build on the HFSS legislation already in place.

The purpose is clear – to limit children’s exposure to high fat, salt and sugar advertising. It’s the right thing to do, and as an industry we need to get behind it. The reality is these rules are here to stay and will likely only get tougher over time. That means any brand activity within the framework must be planned and delivered responsibly, with LHF compliance top of mind.

To date, much of the conversation has focused on what brands can’t do. No TV ads before 9pm, no paid-for social, tighter influencer rules. But that’s only half the story.

Restrictions may close some doors, but others remain open. This is the moment to see change as opportunity, and ask the question, ‘what can we do?’

Here’s where things stand:

• Paid ads – No LHF ads online or before 9pm on TV / VoD. ‘Brand-only’ campaigns (without product shots) may be acceptable – though this may be set to change for brands closely tied to LHF
• Organic content – Unpaid social and owned channels remain permitted. The issues start once you put spend behind posts featuring ‘less healthy foods’
• Influencers – Any money, gifting or perks count as ‘paid for’ when there’s an expectation of coverage. And yes, this includes event invites, press trips, free tickets or hampers. Ultimately brands need to make compliance crystal clear in contracts
• Events & sampling are allowed. But, if influencers post LHF content in return, it could count as advertising. Mixed events (LHF alongside compliant products) need careful planning and clear separation
• Exempt channels – Radio, podcasts, print, cinema, outdoor, direct email, and public transport ads are largely untouched (except for the TFL estate, which banned HFSS ads back in 2019). Print advertorials are fine, but online advertorials face stricter rules. Brand websites are also exempt
• Retailers – Big retailers can promote their own LHF products online. Brands, however, cannot pay for placement
• SMEs (under 250 employees) are exempt from advertising restrictions, but must still follow promotion rules with large retailers
• B2B comms – Crucially, B2B marketing and trade advertising remain outside the scope of the restrictions

So, that’s today’s picture. But tomorrow’s may look different once CAP issues further guidance this month. And in truth, it will also be shaped by how the industry chooses to respond between now and January – whether brands embrace voluntary compliance in good faith or push the boundaries until the deadline

Tighter controls on paid media don’t signal a complete halt on brand activity, far from it. They signal evolution. The brands that thrive will be those that put earned, owned and creative PR and social channels at the forefront of storytelling and brand building.

This is where brands can:

• Tell bigger stories — Go beyond the product and spotlight whatever it is that makes you bigger than that. Innovation, purpose, sustainability, community
• Build brand love – Nurture emotional connection so people talk about you and share content organically, reducing reliance on paid media
• Create a community of advocates – Invest in genuine relationships so fans, customers and employees speak on your behalf without regulation
• Collaborate differently with influencers — Move from one-off, transactional posts to long-term partnerships built on authenticity
• Create experiences — Design events, stunts and activations that get people talking (without breaking the rulebook). Focus on shareable moments rather than simple product displays
• Lean into earned media – Where credibility comes from the trusted voices writing about you, not from buying space

One of the toughest parts of the new LHF framework is its uncertainty. What exactly counts as ‘brand-only’? How will influencer gifting be judged? Where is the line between compliant and non-compliant activity – particularly on social media?

The truth is no one has all the answers yet.

That’s why it’s vital for brands to take a clear position now on where they stand with LHF – and to communicate this consistently across all agency partners. Ultimately, the risks of fines and reputational damage sit with the brand. Agencies should be best placed to advise and guide, but if they can’t answer the basics, that is itself a red flag.

Agility also matters. PR, social and influencer activity are fast to plan, easy to pivot and lower risk than long-lead ad campaigns. Brands that test, learn and adapt will stay ahead, even while the rules evolve.

The real risk here isn’t the restrictions themselves, it’s seeing them only as a barrier. Treating HFSS and LHF as a compliance headache misses the bigger picture. This is an opportunity to rethink how you build trust, relevance and loyalty.

Consumers want more from brands. They relate to stories, authenticity and cultural relevance. And PR, social and influencer channels are built for this, perhaps more than ever before.

The upcoming CAP consultation will provide more clarity, though ambiguity will inevitably remain.

The brands that thrive will be those that act now – working with agencies to define their position, experimenting with earned media, trialling new influencer models and investing in storytelling that extends beyond paid ads.

The rules may be changing, but the opportunity is clear. This is a chance for food and drink brands to think differently, connect more meaningfully and use PR, social and influencer engagement to build the kind of cultural presence that advertising alone could never guarantee in the first place.

While nobody has all the answers yet, our team is in constant contact with the right people, monitoring updates and interpreting what the changes mean for brands. We’ll continue to share guidance as the picture evolves, but if you have questions in the meantime, don’t hesitate to get in touch.