This week · UK food and drink
Food and drink marketing news: Scotland's HFSS rules start, the ASA's AI ad checks, Portman at 30 and the Huel ruling
Five regulatory stories from recent weeks that affect UK food and drink marketers, and what each one means for your plans this week.
In short
Scotland's HFSS promotion and placement rules have applied since 1 October 2026, and the ASA's ban on a Huel ad shows how quickly an implied health claim gets caught.
The ASA's AI system now scans tens of millions of ads a year, so assume your ads will be checked.
Scotland's HFSS rules are now in force
The Food (Promotion and Placement) (Scotland) Regulations 2025 came into force on 1 October 2026. They restrict how prepacked foods high in fat, sugar or salt (HFSS) can be promoted, and where they can be placed in store.
The promotion restrictions apply to businesses with 50 or more employees. The placement restrictions apply to businesses with 50 or more employees and a shop floor of at least 2,000 sq ft.
The rules match the equivalent policy in England and Wales. The Scottish Government has published implementation guidance. Public Health Scotland says the rules limit some of the ways HFSS food and drink can be promoted in larger shops. This is a summary, not legal advice.
What it means for you: if you sell HFSS lines into larger Scottish retailers, your Scottish in-store plans now follow the same logic as your English ones. Trade press has reported pressure on manufacturers to reformulate without losing taste, texture or brand identity. For exactly which promotions and locations are caught, read the government guidance rather than a summary.
The ASA bans a Huel ad
On 30 September 2026 the ASA banned a Huel ad. It ruled that the ad implied living only on Huel was compatible with good health and with sporting excellence.
The ASA said the ads suggested "complete replacement of conventional food with Huel was nutritionally appropriate". It also upheld a complaint about health claims linked to an anecdote about an ultramarathon athlete.
Law firm Freeths draws three lessons: influencer marketing, health claims, and keeping control of your messaging. This is a summary, not legal advice.
What it means for you: the ad did not need to say "replace all your food" to fail. Implication was enough. If an ambassador or creator tells a story about your product, that story is your claim.
The ASA's AI monitoring: context, not new news
There was no new ASA announcement on AI in recent weeks. But the numbers explain why compliance has become harder to dodge.
The Media Leader reports that the ASA's Active Ad Monitoring system processed 60 million ads in 2025, about double the year before, and produced 68 formal rulings, roughly 23% of all published rulings. The ASA's own earlier estimate was around 40 million ads, so treat the exact figure with care.
Each week the ASA's Compliance team receives a list of ads the system has flagged as likely to break the rules, with the issues explained. The "less healthy" food and drink advertising rules, including a ban on paid-for online ads, took effect on 5 January 2026. Law firm Higgs LLP suggests the ASA may use the AI system to check compliance with them.
What it means for you: nobody needs to complain for your ad to be looked at. Plan as if every online ad gets read.
Early rulings on less healthy food ads
The first cases under the less healthy rules are giving useful lines. This is a summary, not legal advice.
- Brand characters: a character that personifies a specific less healthy product (an M&M's example) does not qualify for the brand-advertising exemption, per Mondaq's review.
- Intent is not a defence: in a Lidl Northern Ireland case, a "brand-led" intent was not enough to decide the matter, per Brodies.
- Incidental appearances: a drinks can that appeared only incidentally in an influencer's content was not treated as an ad, per Osborne Clarke.
Portman Group: 30 years of its Code
The Portman Group is marking 30 years of its Code of Practice. It argues that voluntary industry measures should shape the government's alcohol labelling plans.
Its "30 Years of the Code, 30 Decisions" series revisits past rulings, including Shag Lager, Crack Ice, X-Plode and Rocket Fuel. Moët Hennessy has joined as its newest member.
What it means for you: the old cases are a free training pack. If you name, pack or promote a drink, reading why those products failed takes an hour and saves a recall.
What to do on Monday
Five plain checks. None needs a consultant.
- Confirm with your Scottish retail accounts how the HFSS rules change your promotions and fixtures.
- Read the Scottish Government's implementation guidance yourself, not a summary of it.
- Re-read every creator and ambassador brief for implied health claims, not just written ones.
- If you use a brand character, check it is not tied to a specific less healthy product.
- Give your drinks team the Portman "30 Decisions" series to read.
Questions people ask
When did Scotland's HFSS promotion and placement rules start?
The Food (Promotion and Placement) (Scotland) Regulations 2025 came into force on 1 October 2026. This is a summary, not legal advice.
Which businesses do the Scottish HFSS rules cover?
Promotion restrictions apply to businesses with 50 or more employees. Placement restrictions apply to businesses with 50 or more employees and a shop floor of at least 2,000 sq ft. This is a summary, not legal advice.
Why was the Huel ad banned?
The ASA ruled it implied that living only on Huel was compatible with good health and sporting excellence, and that replacing conventional food entirely was nutritionally appropriate.
Does the ASA use AI to find rule-breaking ads?
Yes. Its Active Ad Monitoring system flags ads likely to break the rules, and the Compliance team reviews a list each week. The Media Leader reports it processed 60 million ads in 2025.
Is a product that appears by chance in influencer content an ad?
In one early case, a drinks can that appeared only incidentally in an influencer's content was not treated as an ad. Each case turns on its facts. This is a summary, not legal advice.
Sources
- Scottish Grocers' Federation: HFSS restrictions take effect from 1 October 2026
- Scottish Grocer: HFSS concise guide for retailers
- Scottish Grocers' Federation: Implementation guidance for the Scottish HFSS regulations
- Public Health Scotland: Scotland's new rules on promoting less healthy food and drink
- Bakery & Snacks: Scotland's HFSS rules pile reformulation pressure on manufacturers
- FoodNavigator: Huel advert banned by ASA
- Food Manufacture: Huel advert banned by ASA
- PA via Yahoo Finance: Huel advert banned
- Freeths: Huel ASA ruling, a lesson on keeping control of your messaging
- The Media Leader: ASA's AI monitoring system processed twice as many ads
- ASA: Advertising, trust and growth, looking ahead to 2026
- ASA: AI research and practices
- Higgs LLP: Is your advertising ready for the ASA's AI monitoring system?
- Mondaq: Less healthy food ads, ASA serves up a selection of rulings
- Brodies: Early lessons from the ASA's first less healthy food advertising rulings
- Osborne Clarke: First taste, ASA's first rulings on less healthy food and drink advertising
- PoliticsHome: Thirty years of the Portman Group guiding responsible alcohol marketing
- Portman Group: About
- Portman Group: About our members
Written by the Ziild machine from the sources above and approved by Pasi before publishing. Spotted an error? pasi@ziild.co.uk