Planning a sampling campaign and want to know how the HFSS food advertising ban will affect you? It's not easy to work out, with many sites stating how the rules either will or won't affect a promotional campaign. That's where we come in!
This article clears the fog around the HFSS compliance, so you can move your promotional campaign forward.*

What the HFSS food ad ban applies to
HFSS rules change how you can advertise pre-packaged food and drink with high fat, sugar and salt contents. This includes everything from cakes and soft drinks, to some nutritional bars!
This legislation only affects how you advertise ‘less healthy’ pre-packaged items, so you can still advertise freshly prepared food like oven pizzas and soft serve ice creams. We cover the key points below, but you can learn more on the UK's official guidance page.
The rules mean you can’t advertise a non-compliant product:
- On TV before 9pm, in an attempt to protect kids
- Via paid digital ads or boosted social media posts
- In large stores near entrances and queues
- By paying social media influencers to post online
These restrictions only apply to HFSS products, so the best way around them is to make healthier options readily available.
Product sampling
Thankfully, HFSS doesn’t apply to food and drink sampling. Whether it’s a naughty ice cream at the height of summer or a breakfast bar with a little added salt, there’s no official ruling that will stop your campaign.

Watch out! Many venues will restrict what you can hand out. Transport for London (TFL) locations are famously pro-HFSS, banning high-sugar foods or restricting size and volume. So, you'll need to find suitable venues that can accommodate your samples.
Experiential events
HFSS doesn't restrict how you engage with your audience during a live promotional campaign. Focusing your event around an HFSS product may impact how you share content from the day, but the event itself won’t be restricted.
That’s yet another reason why live campaigns are so effective. A 30-second TV ad that nobody remembers will need to comply with HFSS legislation, but when it comes to a live experience – there’s much more flexibility.

Watch out! There is one caveat, and that’s if you're advertising HFFS food within 100 metres of a school. The ASA took down ice cream posters for breaching the food advertising CAP Code 15.18.
Social media, celebs & influencers
Once your promotional campaign’s live, you’ll want to post about it online. Just be aware, sponsored content and boosted posts fall under the HFSS food advertising ban, along with search engine ads, in-app ads – and yes, paid influencer content.
So, you could either ask influencers to promote the brand itself or any healthier options available. Another option is to contact micro-influencers instead of the big names, as they may be happier to attend your event as VIPs, minus payment.

Pro Tip! The best tactic is to focus on user-generated content. This falls out of the scope of the legislation, so guests can snap and share your products as much as they like. See this article by Digital Voices for more about influencers and the HFSS ban.
What does this mean for you?
If you rely on HFSS food and drink, you’ll be limited over how you pay to advertise and boost your content online. That said, a live campaign relying on shared, organic content will be unaffected. The nuance comes if you’re paying for influencers or looking to boost that content on digital channels.
There’s also the risk that these rules could tighten over time, as Millennials and Gen Z become increasingly health conscious (as discovered by the AHDB). With this trend moving one way, it makes sense to push healthier options going forward.

How Promohire can help
Food and beverage campaigns are a big part of what we do. That’s why we know a thing or two about compliance! Our team can provide the ideal vehicle for serving non-prepacked treats, or even create a healthy recipe that your audience will love.
We can also hire catering experts and source great locations, all so you can expand your audience through delicious sampling.
See how to run a product sampling event for advice on getting your campaign started, or click below to check out our expert sampling and fulfilment service!
*While we've been thorough in our research, food and drink legislation is always changing. As such, we recommend looking into the rules yourself to ensure you're fully compliant.

