April 2026 Update: The ASA published its first LHF enforcement rulings on April 15, 2026 — the first since the January 5 ban took effect. These rulings establish real precedent for how the rules are interpreted in practice, including for influencer campaigns. See the new section below: "What the first ASA rulings tell us."

If you run influencer marketing for a food or beverage brand in the UK, the rules of the road have officially changed.

The ASA has now finalized the new “less healthy” food and drink (LHF) advertising restrictions.  Brands are expected to comply voluntarily starting October 1, 2025, and from January 5, 2026 the ASA can enforce the rules with statutory powers — including applying them to existing ads still appearing after that date.

The most important line for creator programs: Paid online ads for identifiable LHF products will be banned at any time and influencers are explicitly included.

That means product-first influencer collaborations in the UK need a rethink. But brand storytelling? Still in play.

Let’s unpack what’s changing, what’s risky now, and how food & bev teams should pivot.

What’s changing for influencer programs

Paid collabs featuring LHF products are banned

If the ad shows or references an identifiable LHF product (packaging, the product itself, or even clear naming) it can’t run in paid online media aimed at UK audiences.

This includes influencer posts that are:

• Paid partnerships
• Boosted/whitelisted
• Part of a paid campaign flight

Gifting/seeding is likely out when it functions like a payment

The rules are about ads, not organic content. But the moment there’s a material brand connection (payment or “payment in kind”), the post becomes advertising. The ASA guidance defines “depict” broadly and expects brands to be cautious about any structured gifting tied to posting.

Practical takeaway: if gifting is part of a commercial plan and the creator shows an identifiable LHF product, assume it’s restricted.

What the first ASA rulings tell us

On April 15, 2026, the ASA published its first LHF enforcement decisions. These four rulings (two involving influencer campaigns) are the beginning of a body of case law that will help marketers understand how the rules work in practice, not just on paper.

Lidl x Emma Kearney — upheld

An Instagram post by influencer Emma Kearney for Lidl (seen January 8, 2026) featured the supermarket's bakery range. The ASA upheld the complaint, finding that a Pain Suisse product met both tests required to qualify as LHF: it scored as HFSS under the Nutrient Profiling Technical Guidance, and it fell within Category 8 in law ("morning goods," which includes croissants, pains au chocolat, crumpets, waffles, Danish pastries, and similar items). The post breached CAP Code rule 15.19.

What this means for your program: The category list is broad and applies to items that might not feel obviously "unhealthy." Baked goods, pastries, and morning items warrant close scrutiny before featuring in paid creator content.

German Doner Kebab x Big John — not upheld

An Instagram post by creator John Fisher (itsbigjohn1) promoting a new GDK restaurant in Romford (posted January 13, 2026) showed him ordering and tasting three menu items: an Inferno OG chicken kebab, a rice bowl with chicken, and a chicken doner burrito. The complaint was not upheld. The ASA found those specific products were not HFSS, so the ad fell entirely outside the scope of CAP Code rule 15.19.

What this means for your program: If the products shown genuinely aren't HFSS, the restriction doesn't apply. This reinforces the value of auditing your portfolio. Non-LHF products can still anchor paid creator content.

Iceland Foods — upheld

A banner ad and display ad for Iceland Foods featured identifiable LHF products and were found to breach the rules. A reminder that the restriction applies across all paid online formats, not just influencer content.

On The Beach — not upheld

A TV ad featuring an identifiable less healthy product was found not to breach the rules in this instance. Context and format matter — not every appearance of a food product automatically triggers a violation.

The key takeaway from the rulings

The ASA is applying a two-part test consistently: a product must be (1) HFSS-scoring under the Nutrient Profiling Technical Guidance and (2) fall within one of the statutory food/drink categories. Both conditions must be met. This is worth building into your pre-campaign product review process.

The strategic pivot: Brand vs. Product

This is the distinction every food & bev marketer needs to internalize: The ban targets identifiable LHF products, not brands.

Guidance confirms a brand advertising exemption, as long as the ad does not enable audiences to identify a specific LHF item.

So creators can still be paid to promote:

• Brand lifestyle and values
• Logos / brand assets
• Heritage or sustainability stories
• General range awareness without showing identifiable LHF SKUs

The nuance that matters

To stay inside the exemption, teams need to watch for two things:

1. “Identifiable” includes cumulative cues. It’s not just a clean pack shot or a product name. A post can become identifiable through a combination of branding techniques (unique colors, characters, jingles, shape, context, etc.) that together point to one LHF SKU.
   
   
2. The brand exemption is only safe if the content stays truly product-free.  You lose the brand exemption if the brand name is the same as a well-known LFH product. Promoting the “brand” effectively promotes the product, so the exemption does not apply.

Influencer translation: brand-first briefs must still be truly product-free. “Background” appearances or stylized product callouts can break the exemption if they make a SKU recognizable.

What this means for your influencer marketing program

Shift briefs to brand-first storytelling

Shift from “show the product” to:

• Lifestyle moments where the brand lives
• Social/cultural relevance
• Values-led narratives
• “Range” or “category” context without SKU visibility

Build ambassador programs, not seeding programs

If gifting becomes a compliance trap, the relationship itself becomes the strategy:

• Long-term ambassadors
• Recurring brand narratives
• Consistent brand presence without SKU shots

Use compliant products as creative anchors

If your portfolio includes non-LHF items, those can still appear in paid creator ads.

This is a proactive-strategy moment. Influencer marketing isn’t going away, but product-centric influencer marketing is. Brand storytelling and ambassadorship are the future of UK food & bev creator programs

Quick FAQ for UK's new food and drink advertising restrictions

Disclaimer: This post is intended for general informational purposes only and does not constitute legal advice. These rules are nuanced and enforcement will evolve, so we recommend consulting your legal counsel to assess how the restrictions apply to your specific products, campaigns, and creator partnerships.

When do these rules take effect?
Voluntary compliance starts Oct 1, 2025. The ASA has been legally enforcing the rules since January 5, 2026, and has now issued its first rulings (April 15, 2026), establishing real precedent for how the rules are applied.

What counts as a “less healthy” product?
An LHF product is a government-defined category item (one of 13 types) that also fails the Nutrient Profile Model (HFSS) test.

In-scope categories (if HFSS-scoring) include: Sugar-sweetened soft drinks / energy drinks, confectionery (chocolate, sweets/candy), ice cream and lollies, cakes, biscuits/cookies, pastries, desserts, sweetened yoghurts / dairy desserts, savoury snacks (crisps, chips, popcorn, etc.), breakfast cereals, pizza, potato products (fries, hash browns, etc.), ready meals / complete meals, some breaded/battered items and sandwiches/wraps depending on their HFSS score

Out-of-scope / exempt examples include: drinks with no added sugar (plain milk, unsweetened milk alternatives, 100% juice without added sugar), nuts (explicitly excluded from savoury snacks), baby/infant foods, foods for special medical purposes, total diet replacements, supplements, and alcoholic drinks.

How does the ASA determine if something is LHF in practice?

‍The first rulings confirmed a strict two-part test: a product must (1) score as HFSS under the Department of Health and Social Care's Nutrient Profiling Technical Guidance, and (2) fall within one of the statutory food or drink categories set out in law. Both conditions must be met — a product that is HFSS but doesn't fall into a named category (or vice versa) is not automatically restricted.

Are influencers definitely included?
Yes. Influencer marketing is treated as paid online advertising when part of a commercial campaign, so it’s directly in scope.

What does “identifiable” mean in practice?

A product is identifiable if UK audiences could reasonably recognize it. This includes combined cues, not just an obvious pack shot or name-drop.

Can brands still work with creators at all?
Yes, but paid content must be brand-only. Creators can promote the brand lifestyle or values without showing or naming an identifiable LHF product.

What breaks the brand exemption?

If a post depicts a specific LHF SKU (directly or through cumulative cues), the exemption disappears. Also, if the brand name is the same as a specific LHF product name, you can’t rely on the exemption.

What about gifting or seeding?
If gifting is connected to an expectation to post, it may be treated as advertising (payment in kind). If the post includes an identifiable LHF product, it’s risky.

Does this apply to organic, unpaid posts?
The rules apply to ads.  Independent, unpaid posts aren’t automatically in scope. But the moment there’s a material connection (payment, gifting expectation, affiliate linkage, boosting/whitelisting, formal brief), it’s likely an ad.

Has the ASA actually enforced these rules yet?

‍Yes. The first rulings were issued April 15, 2026, covering four cases: the Lidl x Emma Kearney influencer post (upheld), the German Doner Kebab x Big John influencer post (not upheld), Iceland Foods banner/display ads (upheld), and an On The Beach TV ad (not upheld). These rulings now form the foundation of case law for how the rules will be interpreted going forward.

Thank you to our incredible partners at the Influencer Marketing Trade Body for providing useful resources and support for these policy changes. Please visit their site for more information.