The Advertising Standards Authority has ruled out complaints that baking company Patisserie Valerie breached the codes on advertising “less healthy” food and drink products.

The complaints stated that the business paid for the “advertising of less healthy food and drink products”, which violated the new codes for online junk food promotion which came into effect on 5 January 2026.

The brand had confirmed they paid directly for the sponsored ads on Google Ads, which displayed a range of cakes in response to the search term “birthday cakes”.

The sponsored ads featured a range of cakes, including “Pistachio and Raspberry Cake” and “Vintage Heart Cake Lambeth Iced Cake”.

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However, Patisserie Valerie stated they were a small or medium enterprise (SME), which made the brand exempt from the current restrictions on the promotion of “less healthy products.

The ASA investigated the business and discovered that as of 1 January 2026, Patisserie Valerie had employed 123 staff members at the time of the paid transaction.

The rule states that the restrictions on “less healthy” food advertising did not apply when, at the time of the payment for sponsored ads, the SME had fewer than 250 employees.

The ASA concluded that the small business exemption applied to the marketing activity, as the ads were outside the scope and did not breach the code.