POV:

15 Ways the UK Government Just Broke Advertising

Date
By
Mary Jo (MJ) Behrman

As someone who advises global brands on marketing transformation, I’ve seen plenty of regulatory changes come and go. Most ripple. A few make waves. The UK’s move to ban advertising of “less healthy” food and drink before 9pm on TV – and to introduce a 24-hour ban on paid online ads – is one of those rare waves.

Max Headroom once mocked the absurdity of TV. The UK’s new ad laws may be doing the same to corporate control, advertising, and media’s value chain – but with sharper teeth.

What happened: The UK government has passed new Advertising Regulations:

  • A 9pm watershed: TV advertisements for LHF products cannot be displayed before 9pm on any linear broadcast services and on-demand programme services regulated by OFCOM; and
  • A total ban (with limited expectation) on the placement of paid-for online ads for LHFs.

The restrictions, set to take effect in January 2026, are aimed at reducing exposure of children and young audiences to high fat, salt, and sugar (HFSS) products. Ofcom will oversee TV enforcement, while the ASA will handle online – though the practicalities are still being worked out.

Here are 15 impacts I believe every CPG and QSR brand manager should keep an eye on as we march toward January 2026:

1. A return to big-brand storytelling

When product ads are restricted, brands may have no choice but to lean back into broad, brand advertising – a reversal of decades of product-led, promotion-heavy campaigns.

2. Volume displacement into “non-regulated” channels

Retail media, experiential, sponsorship, and brand-owned content will suddenly become the engines of volume growth. Expect a scramble to build muscle here.

3. Enforcement will be messy online

The watershed is easy to police on TV. Online? Between influencers, affiliates, and programmatic pipes, the boundaries are vague and the loopholes are many.

4. Healthier products will edge forward

Over time, restrictions may nudge reformulation and healthier innovation. That’s the policy aim – though it will take years to see if it sticks.

5. Collateral damage to media funding

If ad pounds dry up, the unintended casualty could be news outlets and quality publishers that rely heavily on CPG and QSR spend.

6. Category leaders gain an advantage

Large brands and retailer own-labels with strong shelf presence will find ways to maintain share even with reduced advertising. Smaller challengers may struggle.

7. Creative will need to evolve

How do you create desire without showing the product? Messaging will need to become more subtle, emotional, and story-driven. This will challenge agencies and AI tools alike.

8. AI creative limits

Ironically, the law could slow AI’s role in creative production. Product ads are functional and easier for machines to generate; brand storytelling is much harder to automate.

9. AI as enforcer

If the government truly intends to police online advertising at scale, only AI can do it. Human regulators can’t monitor the sheer volume of programmatic and influencer content.

10. Over-compliance risk

Brands may over-correct and pull back more than required. The chilling effect could sap creative energy from an entire category.

11. Legal grey zones

The “brand ad” exemption is helpful but fuzzy. Expect the first ASA rulings to set precedent, and legal challenges will be closely watched by everyone in market.

12. Platform and publisher pressure

Media owners may be deputized as compliance gatekeepers. For platforms, this isn’t just about lost revenue – it’s operational cost of policing creative.

13. Measurement disruption

ROI models built on product-level conversion will break down. Brand lift, content engagement, and longer-cycle metrics will have to carry more weight.

14. Platform loopholes for targeting the youngest

If apps and gaming are not included in the ban, brands will still have access to the most fertile, impression-dense environments – especially among younger and vulnerable audiences.

15. Sponsorships that blur the line

Sports, music, and cultural sponsorships create brand visibility through shirts, stadium signage, and in-situ environments. These don’t look like ads but act like them – and they’ll be a critical gray zone for regulators and a live opportunity for brands.

The bottom line

This isn’t about waiting until 2026 – it’s about getting ahead of the hacks, the clever workarounds, and the bold new plays that will replace lost ROI. Brands that plot for those first – and lock the narrative – will be the ones who leap.