Section 368Z14: Prohibition of paid-for advertising of less healthy food and drink, Communications Act 2003

From the beginning of 5 January 2026, a person must not pay for advertisements for an identifiable less healthy food or drink product to be placed on the internet.

Subsection (1) does not apply where the person paying is, at the time when the payment is made, a food or drink SME.

Subsection (1) does not apply—

in relation to advertisements which are directed solely at persons who are engaged in, or employed by, a business which involves or is associated with the manufacture or sale of food or drink,

in relation to advertisements included in on-demand programme services or in non-UK on-demand programme services that are Tier 1 services (as to which, see sections 368FA and 368HE(2)(e)),

in relation to advertisements included in services connected to regulated radio services, or

in relation to advertisements which are not intended to be accessed principally by persons in any part of the United Kingdom.

The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1).

For the purposes of this section—

paying includes providing any consideration (monetary or non-monetary);

"placed" includes continues to be placed;

paying for advertisements to be placed on the internet includes paying under a sponsorship agreement as result of which advertisements are placed on the internet;

a product is "identifiable", in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product;

a food or drink product is "less healthy" if—

it falls within a description specified in regulations made by the Secretary of State, and

it is "less healthy" in accordance with the relevant guidance;

"the relevant guidance" is the guidance entitled "Nutrient Profiling Technical Guidance" published by the Department of Health on 1 January 2011;

"food or drink SME" means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations;

"services connected to regulated radio services" has the meaning given by regulations made by the Secretary of State.

Regulations under subsection (5)(g) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person).

The Secretary of State may, before the date specified in subsection (1)—

amend that subsection so as to substitute a later date for the date that is for the time being specified there, and

make corresponding amendments to the references to that date in subsections (11) and (12).

The Secretary of State may by regulations amend this section to change the meaning of "the relevant guidance".

Before making regulations under subsection (4) or (8), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

A person is to be treated as having contravened subsection (1) if—

at any time on or after 1 August 2021 but before 5 January 2026, the person made a payment for advertisements to be placed on the internet on or after 5 January 2026, and

if the payment had been made on 5 January 2026, the person would have contravened subsection (1).

Subsection (11) does not apply if the person—

has put in place arrangements to ensure that they are entitled to require that the advertisements are not placed on the internet on or after 5 January 2026, and

uses all reasonable endeavours to ensure that the advertisements are not so placed.

Section 368Z14: Prohibition of paid-for advertising of less healthy food and drink

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