The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024.

The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 establishes the framework for identifying and regulating the advertising of “less healthy” food and drink products under the Communications Act 2003. It defines such products using a two-step test: they must fall within specified categories (set out in a Schedule) and exceed thresholds under the government’s nutrient profiling model. The Regulations also clarify key concepts such as “food or drink SMEs” (businesses with fewer than 250 employees, including franchise arrangements) and certain types of media services, including audio services and services connected to regulated radio broadcasting.
In addition, the Regulations provide important exemptions to the advertising restrictions, particularly for certain media contexts (e.g. non-visual ads in audio services and some television services) and for specific product types, such as foods for medical purposes, infant nutrition, and total diet replacement products. The Schedule lists the categories of products covered—ranging from soft drinks with added sugar and savoury snacks to ready meals, confectionery, and baked goods—making the definition of “less healthy” products operational. Finally, the instrument includes a review mechanism requiring periodic assessment of its effectiveness and proportionality.