Food Foundation claims industry sidestepping regulation

The UK food industry is undermining government efforts to curb high in fat, salt, and sugar (HFSS) food advertising to young people by exploiting regulatory loopholes, according to the State of the Nation’s Food Industry report from The Food Foundation.

The report reveals that major food companies responded to the forthcoming ban on TV and online HFSS advertising, set for January 2026, by simply shifting their marketing budgets to unregulated channels like outdoor advertising and subtle placements on videogame livestreaming platforms.

Following the government’s announcement in July 2020 of the TV and online ban, food companies collectively increased their outdoor advertising spend by 28% between 2021 and 2024. Outdoor spaces — including billboards, buses, and train stations — are exempt from the new national restrictions.

McDonald’s was identified as the most aggressive spender, increasing its outdoor advertising budget by a substantial 71% over the same period, spending a total of £86 million in 2024. Other large spenders included Unilever, Pepsico, Coca-Cola, Mars, and Mondelez.

The shift is particularly concerning as outdoor advertising already accounts for the largest source of HFSS food advertising exposure for children, at 40.0%, excluding digital platforms.

Katharine Jenner, executive director of the Obesity Health Alliance, noted that these findings show how quickly companies change their behaviour when policies contain “gaping loopholes.” She warned, “Outdoor advertising exploded after the Government signalled restrictions on TV and online, with fast-food giants simply shifting their spend to unregulated spaces.”

The Food Foundation also raised alarm over new, subtle marketing tactics targeting young people on videogame livestreaming platforms. The study found that:

• 71% of all food marketing “cues” (product mentions or on-screen appearances) on the world’s most popular videogame livestreaming platform were for unhealthy HFSS food and drinks.
• These cues were dominated by energy drinks and soft drinks (77%) and the fast-food sector (20%).
• A significant 39% of food and drink cues featured only brands rather than specific products, a format that falls outside the scope of forthcoming regulations, rendering advertising rules extremely hard to enforce.
• This marketing is influential, yet 98% of cues lacked any disclosure of paid promotion, successfully leveraging the fact that nearly all UK adolescents use gaming apps or sites.

The report further highlighted a striking imbalance in political influence, revealing that in the first year of the new Government, food industry meetings with ministers outnumbered those with NGOs ten to one. This heavy lobbying presence is linked to the repeated delays and eventual watering down of public health legislation, such as the HFSS advertising ban itself.

The Food Foundation is now urging the Government to take a stronger stance, calling for:

• Strengthened advertising regulations that cover all channels and close the brand-only loophole.
• Introduction of a comprehensive Food Bill to promote healthy, sustainable diets.
• Mandatory reporting of healthy food sales for all large food businesses to increase transparency.

“We cannot continue to leave progress on healthy and sustainable sales to the market. It’s simply not working,” said Rebecca Tobi, head of food business transformation at The Food Foundation, stressing that government is ultimately responsible for setting the operating parameters for businesses.