How the 2026 Less Healthy Food advertising ban impacts bookings, fees and strategy for commercial agents and actors.
New year, new rules. As we bin the unloved mini Bounty’s and dust off our running shoes, the Less Healthy Food and Drink (LHF) advertising restrictions – which came into effect on 5 January 2026 – may not be immediately noticeable. However, there’s little doubt that the UK advertising landscape has shifted, bringing significant implications for those who work in commercials.
Following an industry roundtable hosted at Spotlight last year, and ongoing dialogue with cross-sector partners, it’s worth considering how the 9pm TV watershed and the paid-media online ban may practically affect bookings and revenue streams for actors, influencers and agents.
What do the Changes to Advertising Restrictions Mean?
From January, ads for ‘identifiable’ less healthy food and drink products will be banned from appearing:
- On television between 5:30am and 9:00pm
- In on-demand programme services between 5:30am and 9:00pm
- In paid online media at any time
As a result, here’s a look at the shifting trends and new questions the industry will need to keep an eye on:
1. The Rise of Brand Storytelling:
There is a brand exemption in place, which allows companies associated with less healthy foods to continue to tell a story about their brand, as long as they don’t show specific ‘unhealthy’ products. We may see a pivot from visual product consumption towards lifestyle or company values style commercials.
- What this means: We may see fewer briefs for actors “enjoying the crunch” of a specific biscuit, and more for narrative-led commercials that promote the brand feeling (think the McDonald’s ‘Raise Your Arches’ ad).
2. Variations Request for Talent Agents and Unrepresented Performers
Some agents have reported an increase in requests for alternative cuts and products to shoot a ‘safe’ version (healthy) for pre-9pm and a ‘restricted’ version (unhealthy) for post-9pm.
- The new question: If a single booking now requires multiple compliance variations, does the Basic Studio Fee (BSF) and overtime structure reflect the extra time and distinct usage scenarios involved?
- Transparency is key: Actors, agents and casting professionals will need to be mindful of the fee structure for variations. Transparency on scripts is key at the start of contracting and negotiation.
3. Exclusivity in a Pulled or Regulated Campaign
There’s a risk that creative concepts, especially those using personified mascots (think ‘Tango Man’, if you’re old enough), could fail the ASA’s Identifiability Test after filming, leading to a campaign being pulled before it airs, or even after its first broadcast. Another example might be a product being bumped into the watershed, which competes for fewer slots, therefore extending the life of the exclusivity period or reducing usage.
- The consideration: If a campaign is scrapped for regulatory reasons, actors could be left holding a strict exclusivity clause for a brand that never broadcast their campaign as originally planned. Agents will need to make a good case for exclusivity and usage to be paid in advance or adding early release clauses where possible to avoid misuse.
4. The Gifting Trap: What Actors Should Watch Out For
If you create content for social media, be aware that the definition of ‘payment’ has tightened. Under the new rules, ‘payment’ includes non-monetary consideration, such as a hamper of free snacks or brand merchandise.
- The reality: If a brand gifts you a ‘less healthy’ product with an arrangement to post, that post is legally considered paid-for advertising. If it appears in a paid placement online, it violates the ban. While the regulatory liability sits with the brand, it’s worth asking questions before accepting gifts to ensure your content stays compliant.
5. Be Cautious With Personification Character Roles
Be cautious with roles that involve being the product, e.g. a walking chocolate bar or animated cheese string. These are defined as ’Product Personifications’ and do not generally benefit from the Brand Exemption.
- The impact: These characters are likely unbookable for daytime TV or paid online ads. This naturally limits the usage earnings potential compared to a human role, so it is worth factoring this into your expectations when auditioning.
6. Platform Exemptions, AKA ‘The Safe Zones’
It’s worth remembering that audio-only and outdoor media remains a safe harbour for ‘unhealthy’ products.
- Radio and podcasts: Pure audio advertising is exempt from the LHF restrictions. For voice over artists, radio remains a key medium for product advertisements that would otherwise be pushed to post-9pm TV slots.
- Outdoor: Billboards and digital outdoor screens are also largely exempt from the ban, meaning an image of you eating a chocolate bar, for example, can appear on the high street but not on TV before 9pm or online at all.
Top Tip for Unrepresented Actors or Agents
Scan your breakdowns or deal memos with one eye on the new regulations and ask yourself, ‘Is this a high or low risk campaign?’ and then apply the logic. Remember: brands, producers and casting are in the same boat, navigating the changes in already choppy conditions.
Everything you need in terms of the industry agreements has been helpfully compiled by the Advertising Association.
David is director of partnerships at Spotlight. This article is for information purposes to help navigate industry changes. It is based on David’s personal interpretation of the current CAP/BCAP guidance and does not constitute legal advice or official advice.
