Government plans to ban TV advertising for products high in fat, salt and sugar (HFSS) before 9pm will be delayed until January 2026, following mounting pressure from food and media brands and confusion over enforcement guidelines.

The delay comes as ministers prepare to amend legislation to ensure brand-only advertising, which does not show specific HFSS products, is not caught under the new rules, reported The Financial Times.

It is understood that a four-month pause will now allow the Department of Health and the Advertising Standards Authority to align on a clearer interpretation of the restrictions. This is despite many retailers, including major grocers, previously committing to a voluntary October 2025 start.

The decision comes amid concerns raised by retailers and broadcasters, with many warning of a significant hit to revenues and a subsequent impact on brand investment.

In April, the government was forced to reassure businesses that pure brand messages are not “in scope” of the upcoming advertising ban on HFSS food. However, it added that brands might have to be more creative in the way they showcase their food ranges.

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Addressing the House of Commons last month, health minister Ashley Dalton said, “While it is for a court to interpret the legislation, the government’s view remains that pure brand advertising is not in scope of this policy.

“This is because the legislation only restricts adverts that could reasonably be considered to be for identifiable less healthy products, and not adverts that could be reasonably understood to be advertising brands.

“We therefore expect that businesses will still have opportunities to promote their brands, provided that their adverts do not identify a less healthy product.”

Dalton also said that, while the Advertising Standards Authority (ASA) had not yet published its response, the final interpretation of the junk food advert guidelines would be up to regulators, with the law providing “considerable discretion” in how the new rules can be enforced.

The health minister’s comment follow in the wake of concern from the food industry over the impact on the ban on certain brands and retailers’ advertising, including supermarket Christmas campaigns and rapid food delivery service ads.

Speaking at the Retail Technology Show earlier this year, M&S chairman Archie Norman said the government’s new HFSS advertising rules “probably mean we can’t run a Christmas ad”, due to many festive foods not adhering to HFSS guidelines.

The ASA has been contacted for comment.