Planning with Confidence During HFSS Uncertainty
Image credit: Franki Chamaki via Unsplash
Navigating HFSS Uncertainty
For media planners and brand marketers, Q4 is often the busiest period of the year, with ambitious sales targets to meet. This year, there’s an added challenge for food and beverage brands as HFSS (High Fat, Salt and Sugar) advertising restrictions come into play. Legislation is technically due to come into force on 1 October 2025, but ongoing ambiguity around the details is making forward planning anything but straightforward.
So where does this leave these brands and their agencies? Amid the uncertainty, one thing remains clear – audio advertising still offers a smart, strategic option.
What’s the latest on HFSS regulation?
The planned restrictions on HFSS advertising have experienced multiple delays - originally set for October 2023, they are now scheduled to take effect in October 2025. The confirmed plans include a 9pm TV watershed and a full ban on paid online ads for HFSS products. But despite the looming start date, there’s still no finalised statutory guidance – and that’s causing concern across the industry.
Brands and agencies looking for clarity on which products fall within the scope of these restrictions can refer to the official government guidance on HFSS advertising. This outlines the criteria used to define “less healthy” products and the categories affected across TV and online channels.
The Advertising Association, ISBA (Incorporated Society of British Advertisers) and IPA (The Institute of Practitioners in Advertising) have all recently expressed frustration over the lack of clarity. A joint response to the Health Minister's statement called for urgent guidance, highlighting the knock-on effect on advertisers who want to remain compliant but simply don’t have the information they need to do so.
Meanwhile, CAP (the Committee of Advertising Practice) and ASA (the Advertising Standards Authority) are pushing ahead with consultations to align the self-regulatory rulebook with the government’s direction. Their revised guidance is expected soon, but even then, there’s no guarantee that the details will be straightforward.
The ripple effect on planning and budgets
With agencies under pressure to build Q4 media plans now, the absence of regulatory detail is creating a catch-22. Brands are left second guessing which creative routes will be allowed, what platforms they can safely use, and whether campaign spend might go to waste if restrictions shift again.
So it’s no surprise then that many are rethinking their media mix or looking for channels that offer more flexibility and less legal grey area.
Audio: A creative and compliant choice
Amid the regulatory fog, audio stands out as a channel with clarity. At the time of writing this article and according to government guidance, the HFSS online ad ban does not apply to audio only services. This means audio only advertising that does not include visual elements, are exempt. So brands can continue to connect with listeners without risking non-compliance.
And the benefits go beyond the legal. Here’s why more brands are turning to audio:
- Trust and intimacy: Audio is trusted, personal and highly immersive – perfect for food and drink messaging that needs to stir emotions and tell a story.
- Audience targeting: Programmatic audio solutions offer precise targeting, allowing brands to tailor messaging for the right moment and at the right time.
- Flexibility and speed: Need to tweak a script or change your CTA? Audio can do so and get the change on air swiftly.
How brands can make audio work harder this Q4
Whether you're launching a new product or wanting to increase brand presence, there are plenty of creative ways to do so through audio:
- Branded content: We can help you to collaborate with podcast creators or produce audio-first storytelling that aligns with your brand’s tone.
- Geo-targeted radio: Reach audiences with tailored messages that resonate with local audiences.
- Dynamic creative: Use audience data to personalise ads in real time on audio platforms, adjusting messaging based on specific demographics.
And crucially, all of this can be done without compromising compliance.
Cutting Through the Noise of HFSS Rules with Audio
While there’s no crystal ball to know whether the restrictions might shift again, there are still clear and creative options on the table.
At Forever Audio, we believe audio should be elevated to the top of brand strategies. It’s a powerful, proven way to stay connected with audiences so as Q4 plans take shape, let’s keep the conversation open.
Sources
ASA
