The Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025
These regulations amend the Communications Act 2003, delaying the implementation of restrictions on the advertising of less healthy food and drink.
The effective date is pushed back from October 1, 2025, to January 5, 2026.
The changes affect several sections of the Act, specifically those outlining the objectives for such advertisements and the prohibition of paid advertising for less healthy food and drink.
An explanatory note references a full impact assessment conducted previously, explaining the lack of a new assessment for this amendment.
Arguments For
Need for more time: The delay may provide businesses with additional time to adapt to the new regulations, reducing potential disruption and allowing for more thorough preparation.
Improved compliance: A later implementation date potentially allows for better understanding and compliance with the regulations, leading to a smoother rollout and stricter adherence to the rules.
Addressing unforeseen challenges: The delay may allow for addressing any unforeseen challenges or logistical issues identified during the implementation planning phase, thereby improving the effectiveness of the regulations.
Arguments Against
Delayed public health benefits: Postponing restrictions on advertising less healthy food and drink may delay the positive public health outcomes intended by the original legislation.
Increased consumption of unhealthy food: The extension of the timeframe might lead to an increase in the consumption of less healthy foods, particularly among children and vulnerable groups, due to continued exposure to advertising.
Erosion of public trust: The delay may erode public trust in the government's commitment to improving public health, and potentially undermining the overall effectiveness of the regulations.
- Citation, commencement and extent (1) These Regulations may be cited as the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025. (2) These Regulations come into force on 1st July 2025. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title and legal details of the regulations.
It establishes the citation, effective start date (July 1, 2025), and geographical scope (covering the entire UK).
- Amendments to the Communications Act 2003 (1) The Communications Act 2003 is amended as follows. (2) In section 321A(2) (objectives for advertisements: less healthy food and drink), for “1 October 2025”, substitute ““5 January 2026””. (3) In section 368FA(1) (advertising: less healthy food and drink), for “1 October 2025”, substitute ““5 January 2026””. (4) In section 368Z14 (prohibition of paid-for advertising of less healthy food and drink)— (a) in subsection (1), for “1 October 2025”, substitute ““5 January 2026””; (b) in subsection (11), for “1 October 2025”, in each place it appears, substitute ““5 January 2026””; (c) in subsection (12)(a), for “1 October 2025”, substitute ““5 January 2026””.
This section details the specific amendments made to the Communications Act 2003.
It replaces the original 'October 1, 2025' date with 'January 5, 2026' in several sections regulating the advertising of less healthy food and drink.
These changes delay the implementation of restrictions on this advertising.
Signed by authority of the Secretary of State for Health and Social Care Ashley Dalton Parliamentary Under-Secretary of State Department of Health and Social Care at 11.02 a.m. on 3rd June 2025
This section shows that the regulations were signed by Ashley Dalton, Parliamentary Under-Secretary of State at the Department of Health and Social Care, on June 3, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations amend the date on which the requirements introduced by sections 321A, 368FA and 368Z14 relating to the advertising of less healthy food and drink and inserted into the Communications Act 2003 (c. 21) by Schedule 18 to the Health and Care Act 2022 (c. 31) take effect. The date that the restrictions will take effect is moved back from 1 October 2025 to 5 January 2026. A full impact assessment of the effect that Schedule 18 to the Health and Care Act 2022 will have on the costs of business, the voluntary sector and the public sector is available from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996232/impact-assessment-hfss-advertising.pdf, and from the Department of Health and Social Care at 39 Victoria Street, London SW1H 0EU. For that reason, no impact assessment has been produced for this instrument.
The explanatory note clarifies the purpose of the regulations: to postpone the commencement date of advertising restrictions on less healthy food and drink.
It references a prior impact assessment related to the original legislation and explains why a new assessment is not included with this amendment.