Mind the Gaps: Why food advertising rules aren’t going far enough

11 March 2026

A new report from Nesta, Mind the Gaps: Why restrictions on less healthy food and drink advertising fall short, reveals that the UK’s current food advertising regulations could be significantly limited in their impact, as a result of legislative loopholes. 

Introduced in January 2026, the UK’s new rules restrict paid advertising of foods high in fat, salt and sugar (HFSS) on TV before 9pm and online at any time. While a long overdue, yet important and positive step towards greater industry accountability, the report finds the restrictions may affect only around 8% of total food and drink advertising spend. And when the loopholes and gaps in policy are taken into account, this could fall to as little as 1%. 

These gaps and loopholes include:  

• Exemptions for brand advertising, allowing companies to promote well-known, less healthy brands without showing specific products. 

• A narrow scope of categories covered – with only 13 food and drink categories covered, some products (such as those containing high levels of salt) remain outside the scope of the restrictions and can still be advertised. 

• The exclusion of outdoor advertising and other growing channels, encouraging businesses to shift advertising focus to less regulated spaces. 

The findings also highlight inequalities in HFSS advertising exposure. Younger people and those in more deprived areas face more frequent and targeted marketing - 22% of people were found to receive 3 or more food and drink marketing messages daily, and nearly two-thirds (64%) of messages promote less healthy options. Those in the most deprived areas received almost 50% more advertising exposure than those in the least deprived areas. 

The report underscores the need for government to close these loopholes to strengthen the impact of existing restrictions and support a shift towards healthier food promotion. 

Read the full Nesta report.