In July 2026, the Advertising Standards Authority (ASA) published six rulings considering whether the restrictions on the advertising of less healthy foods and drinks (LHF) had been breached.

Published: 27 July 2026
Authors: Adam Flynn

This article summarises the key takeaways from those rulings and earlier 2026 decisions. For background on the LHF restrictions, see our previous articles (here and here).

Ads depicting unidentified non-LHF products are not safe

The four July 2026 rulings which were not upheld concerned paid-for online ads for promotions or offers, such as ‘pizza from only £10’ or a ‘double deal’. Each ad showed non-prepacked food, but none of the ads specifically named or otherwise identified the product shown.

In each ruling, the ASA reiterated that brand ads (i.e. ads that promoted a brand, including the brand of a range) are exempt from the restrictions. The ASA considered three scenarios to decide whether the ads breached the restrictions or fell within the brand-advertising exemption. The three scenarios the ASA worked through were as follows:

1. an ad depicting a specific LHF sold by the advertiser would breach the restrictions
2. an ad depicting and clearly identifying a specific non-LHF sold by the advertiser would not breach the restrictions
3. if a realistic product image is shown but the product is not identified, the ASA will assess whether that product is visually indistinguishable from any LHF sold by the advertiser. If it was visually indistinguishable from an LHF, the ad would be in breach.
   
   By way of example, if a non-LHF burger was shown in an ad but was not identified (i.e. the non-LHF burger was not explicitly named), the ad would breach the restrictions if that non-LHF burger was indistinguishable from another of the advertiser’s burgers, which was LHF.

Because all the ads featured non-LHF products, scenario 1 did not apply. However, as the products were depicted but not identified in the ads, scenario 2 was not satisfied, and the ASA moved to consider scenario 3.

Under scenario 3, the ASA will scrutinise the advertiser's wider product range to determine whether any LHF is visually indistinguishable from the unidentified product shown. It is therefore not enough that the product shown in an ad is non-LHF: if it is visually indistinguishable from a specific LHF sold by the advertiser, the ad will likely be restricted.

The practical lesson is clear: where a specific product is shown, identify it in the ad. If this is not done, the ASA may compare it against the advertiser's wider menu or product range, including relatively minor features and variants such as ingredients, filings, and toppings, to assess whether the depicted non-LHF product is visually indistinguishable from an LHF.

Brand characters are off limits if they are synonymous with an LHF

Advertisers should not assume that the use of brand characters will be exempt. In one ruling, the ASA undertook a detailed analysis of the character's shape, colour and relationship to the advertiser's product range before concluding that one of the characters used in the ad was synonymous with a specific LHF product. This shows that the ASA will scrutinise whether consumers are likely to associate a character with a particular LHF. Where a character has become closely linked to a specific product variant, its use will likely bring an ad within the scope of the restrictions.

Food being prepared will be analysed by the ASA

In one ruling, the ASA rejected the advertiser's argument that food shown during the preparation phase should fall outside the scope of the visual indistinguishability test. In the ad, chicken pieces were shown frying in oil. The ASA considered that, apart from needing to be removed from oil, the product appeared as it would when served, and that the final served product was one which was capable of being purchased. As such, the ASA analysed whether the product shown was visually indistinguishable from any LHF sold by the advertiser. On this occasion, the products were not visually indistinguishable from any specific LHF. This led the ASA to conclude the ads were brand advertisements and were therefore out of scope of the LHF rules.

All advertisers need to be aware of the restrictions

The restrictions are not confined to food and drink manufacturers or retailers. In one ruling published in July 2026, the ASA considered an ad by a food delivery platform that did not sell its own food or drink. In another, the ASA expressly reminded advertisers that the legislation does not limit its application to businesses involved in the manufacture or sale of food and drink.

The key question is therefore not the nature of the advertiser's business, but whether consumers could reasonably identify the ad as being for an LHF.

Franchisees are treated as part of the franchisor

Food or drink SMEs (i.e. businesses that employ fewer than 250 people) are exempt from the LHF restrictions. Whilst this is made clear in both the legislation underpinning the restrictions and Advertising Guidance, the ASA has in two separate rulings reminded advertisers that franchisees are treated as part of the business of the franchisor for the purposes of calculating the number of employees.

Incidental products are not restricted

In April 2026, the ASA determined that an identifiable product on the edge of an Instagram ad’s frame which moved in and out of the shot as the camera moved, was not referenced by the central protagonist and, which was only shown when the viewer’s attention would be elsewhere, was incidental. The ASA determined that consumers could not reasonably be expected to identify the ad as for that product, and as such, its use was not restricted.

The ASA reached the same decision for another identifiable product which was not mentioned in a voice-over, and which was only included in a brief shot where the movement of the camera would direct the viewer’s attention elsewhere.

What should I do now?

Advertisers should continue to review paid-for online ads carefully before publication, particularly where food or drink products or brand characters appear. If a non-LHF product is shown, it should be clearly identified in the ad.

If you require any support with your marketing compliance, please do reach out to Adam Flynn and Stephen Johnstone at Shoosmiths.