What are these rules?
In January 2026, new UK rules came into effect about advertising less healthy food online. You might also hear this called HFSS (high in fat, sugar or salt).
If a brand pays you or gives you a free meal to post, that's paid advertising. The brand is the 'advertiser' and legally responsible for compliance.
But great content comes from both sides understanding the rules—which is why Joli requires training before you can work with these brands.
The new restrictions only apply to some businesses you'll work with, not all. For any businesses with less than 250 staff, then they're exempt. Meaning you can continue to work with these brands in the same way you have been - no restrictions or concerns. Independent cafes, coffee shops, restaurants and some small hospitality groups will continue to work with creators in the same way.
Which brands are affected?
Only some brands are affected. These rules apply to larger businesses with 250 or more employees, like major chains and bigger food brands. Smaller businesses are exempt.
The brand will let you know if these rules apply to them and this is shown on Joli when you go to apply. If a brand is exempt, these food restrictions don't apply.
How it looks on Joli:
The 13 restricted categories
It comes down to 13 food categories that are considered less healthy food.
You can't feature these as the star of your content, no close-ups, no eating on camera, no "this tastes amazing". Visible in the background is fine.
Brands should brief you on this, but knowing the categories helps you plan your shoot.
Category | Examples |
Sugary drinks | Milkshakes, energy drinks, sweetened coffees, bubble tea |
Savoury snacks | Crisps, tortilla chips, prawn crackers, pretzels, poppadoms, savoury popcorn (not nuts) |
Breakfast cereals | Granola, muesli, porridge |
Confectionery | Chocolate, sweets, sweet popcorn |
Ice cream | Ice cream, gelato, frozen yogurt, ice lollies |
Cakes | Sponge cakes, cupcakes, doughnuts, brownies |
Sweet biscuits & bars | Biscuits, cereal bars, shortbread |
Pastries & morning goods | Croissants, pain au chocolat, scones, waffles, pancakes, crumpets, brioche, French toast |
Desserts & puddings | Cheesecake, tarts, pies, mousses, trifle, crumbles |
Sweetened yoghurt | Flavoured yoghurts, fromage frais, drinking yoghurts |
Pizza | All pizza (except plain bases) |
Chips & potato products | Chips, fries, wedges, hash browns, croquettes |
Ready meals & breaded products | Breaded chicken, battered fish, fish fingers, burgers in buns, nuggets, sandwiches, wraps |
What you can do
If you're working with a brand that isn't exempt, you've got a few ways to make it work.
1: Feature dishes outside the restricted categories
These are never restricted, regardless of the brand:
Steaks, grilled chicken, roast meats
Grilled or raw fish (sashimi, grilled salmon)
Pasta dishes (carbonara, cacio e pepe)
Curries and stews
Noodles (ramen, pho, pad thai)
Rice dishes
Tacos, burritos, enchiladas
Salads and grain bowls
Plain coffee and tea
Wine, beer, spirits, cocktails
2: Focus on the experience
If the menu is mostly restricted items, create content around:
The venue and atmosphere
The service and your reaction
The chefs and kitchen
Your overall experience
Restricted food can be visible in the background, just don't make it the focus.
Brands are responsible for briefing you on which dishes can and can't be featured. If the brief isn't clear, ask before your visit, not after.
Featured vs incidental
The difference is whether you're drawing attention to it.
The ASA guidance explains how they assess whether food is "identifiable" in an ad:
"Imagery of less healthy products that people are unlikely to be able to recognise when viewing an advertisement in real time are unlikely to meet the identifiability test. This could be because the product is shown very briefly in the advertisement, or because it is in the background of an advertisement resulting in it not being discernible."
The ASA specifically mentions "food or drink products on tables in a restaurant" as an example that's unlikely to be restricted.
❌ Featured (restricted) | ✅ Incidental (fine) |
Close-up of the food | Food visible on other tables |
Picking it up and eating on camera | Wide venue shots |
Commenting on how it tastes | Plates in the background |
Brand names and generic vs specific
The test is whether a specific purchasable product is identifiable. This can happen visually (showing the food) or verbally (naming the dish).
Brand names are fine. You can say "Pizza Express", "Krispy Kreme", or "Millie's Cookies" even though these names contain restricted product words. The regulations protect company and brand names established before July 2025.
Visual identification is what usually matters. If you feature food on camera (close-ups, picking it up, eating it), that food becomes identifiable regardless of whether you name it. A pizza you're eating on camera is a specific pizza, even if you just say "this is amazing" without naming the dish.
Generic verbal references work when food isn't featured. You can say "the pizza here is great" over shots of the venue, the vibe, or the service. The verbal reference is generic (not naming a specific dish), and the visuals don't identify any specific product.
Named specific products are always restricted. Saying "the American Hot is incredible" identifies a specific purchasable item, regardless of what's on screen.
Content Type | Example | Restricted? |
Brand name only | "I'm at Pizza Express" | No |
Generic verbal + venue visuals | "Great pizza" over interior shots | No |
Generic verbal + food featured | "Great pizza" while eating on camera | Yes |
Named product | "The American Hot is amazing" | Yes |
If a brief tells you to focus on the experience rather than specific dishes, this is why. You can still be enthusiastic about the food in general terms, just keep specific dishes out of frame and don't name them.
Who's responsible?
Under the regulations, the brand is the "advertiser", meaning they're legally responsible for compliance. The ASA guidance is clear: "Advertisers are responsible for ensuring their own compliance with the online rule."
This is why brands need proper briefing and approval processes, and why Joli builds these into every collaboration.
What this means in practice:
If the ASA investigates, they contact the brand
Your job is to follow the brief and check with the brand if you're unsure
Joli stores the brief and approval records, protecting both parties
Platform enforcement is separate: platforms like Instagram and TikTok enforce their own rules. They might remove content from your account, and you'd need to appeal that yourself.
Can I get fined?
Short answer: No. There are no fines for creators under these rules.
The ASA doesn't fine anyone. Their enforcement tools are public rulings and requiring ads to be withdrawn, and these are directed at advertisers (brands), not creators.
Here's how enforcement works:
Body | Who they deal with | What they can do |
ASA | The brand | Public ruling, require ad withdrawal |
Ofcom | The brand (escalation only) | Civil sanctions for serious non-cooperation |
Platforms | You | Remove content, affect account standing |
Ofcom only steps in if a brand refuses to cooperate with the ASA. As a creator, you're not in that chain at all.
Platform Enforcement?
The one thing that can affect you directly is platform enforcement:
Instagram, TikTok, or YouTube might remove your post
In rare cases, this could affect your account standing
You'd need to appeal it yourself (the brand can't do this for you)
This is the same process that already exists for alcohol ads and other regulated content. If you've worked with alcohol brands, you may be familiar with occasional content getting flagged.
What if I go off-brief?
Compliance works best when brands and creators work together. The brand sets the brief, you follow it as best you can, and everyone's protected.
If content gets flagged and you didn't follow the brief, the brand can show what they asked for, and you can't show you did what was agreed.
Following the brief protects everyone. Going off-brief makes it harder for the brand to defend the content, and harder for you to show you did the right thing.
But if you follow the brief and something still gets flagged, the record shows you did what was asked. The brand is responsible for getting the brief right.
What if the brief wasn't clear?
On Joli, briefs are locked at the point you apply, so there's always a record of what was agreed. This protects both you and the brand.=
If something wasn't clear, reach out to the brand before you visit. It's much easier to clarify upfront than to reshoot later.
Brands using Joli have agreed to provide clear compliance guidance, and will be happy to answer questions 😊
Why does Joli require HFSS training for some brands?
Legally, the brand is responsible for compliance. But that doesn't mean creators shouldn't understand the rules.
Joli's HFSS training helps you:
Understand what you can and can't feature
Ask the right questions when reviewing a brief
Deliver content that works first time
Build trust with brands who take compliance seriously
Before you can apply to collaborations with brands subject to these restrictions, you'll need to complete the HFSS training and pass the Quiz. It only takes a few minutes and covers everything in this guide.
You can find it under Profile → Training. If you've already completed it, you can retake it anytime from the same place.
Before you post
Is this brand exempt? (Check on Joli when applying)
If not, am I featuring restricted food?
Did I follow the brief?
If you have any questions on this or around a specific brand/booking please get in touch with the Joli team. We'd love to hear from you 😊
Sources
This guide is based on:
ASA Advertising Guidance: Less healthy food and drink products: The official guidance from the Advertising Standards Authority on how they'll enforce these rules
The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024: The legislation defining the 13 categories and exemptions
Last updated: 5th January 2026

