Are the biggest advertisers ready for new HFSS regulations?
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Are brands ready for the HFSS ad ban?
Data from SmartAssets reveals that 94% of digital ads analysed in 2025 would fail the new HFSS regulations.
If you’re a food, beverage, or hospitality brand with over 50 employees, the clock has been ticking. After years of delays, the new advertising restrictions for products high in fat, sugar, and salt (HFSS) officially took effect on 5th January 2026.
So to weigh up the new challenges these industries face, creative governance platform SmartAssets analysed 150+ digital ads across Meta, Instagram, TikTok, and YouTube, finding that up to 94% of these ads could now be non-compliant under new measures.
What the restrictions mean for advertisers
The Health and Care Act 2022 aims to tackle childhood obesity by significantly limiting where and when you can show HFSS products.
Starting on the 5th January 2026, brands will be required to restrict ads containing identifiable HFSS products in:
- Digital & Online Advertising: A total ban on all paid ads, at all times.
- TV Advertising: A strict watershed prohibiting TV ads and UK on-demand programme services (ODPS) ads between 5:30am and 9pm.
These rules apply to businesses with 50+ employees. So, while SMEs are exempt, as well as B2B ads and online ads that don’t target UK audiences, most major UK brands are having to seriously rethink their creative strategy to avoid penalties.
Why 94% of ads from 2025 are failing
SmartAssets analysed digital ads from 10 prominent UK brands and found that the vast majority of digital content from 2025 was not built to comply with these new regulations.
With the new digital ban ‘always on’ brands can no longer rely on paid advertising that shows HFSS products, meaning they will need to transition from product-led advertising to either ‘brand-led or compliant-alternative creative.
“While some of the new rules may appear simple, when producing large volumes of assets for digital media, things slip through the net,” says Lindsay Hong, CEO and co-founder of SmartAssets. “It's a constant challenge to stay on-brand, meet platform requirements and regulations at scale. This is where an automated extra pair of eyes can help ensure nothing goes through to activation that shouldn't.”
Getting compliance right is imperative to avoid hefty fines of up to 5% of annual turnover or £250,000, whichever is higher.
“This is why we’ve partnered with clients to ensure that ads meet exacting standards, across different territories, and at scale,” adds Hong. “Working with one client, not only were we able to streamline their creative workflows and validation process, we were also able to save more than 500 hours per deliverable campaign brief.”
A solution for creative governance
Don’t get caught out by the shift this January. SmartAssets is a platform that can scan your digital library and see exactly which assets are still relevant in 2026. Beyond a creative audit, the platform also helps brands to ensure that every ad they launch is fully compliant with industry regulations, brand standards, and platform guidelines.
Find out more about how you can future-proof your compliance and advertising strategy.
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Daniel Purnell Marketing Director at Smart Assets.
