ASA rulings are in. The margin for error on HFSS is gone.

Last festive season, before 5th January 2026 new HFSS regulations came into force, there was still space for brands to navigate nuance. Brands were feeling their way through evolving guidance, and enforcement was not a risk. This Christmas will be very different. 

First ASA rulings under new HFSS regulations 

With the ASA’s first formal rulings under the new HFSS framework directed at household brands Lidl and Iceland, pressure is increasing. The recent decisions mark a clear shift from theory to enforcement and should act as a wake-up call for food and drink brands planning major activity this year.

The recent rulings are significant. Both cases demonstrate the ASA’s willingness to intervene where HFSS products appear – directly or indirectly – within digital environments now tightly regulated under the new rules. 

In Lidl’s case, an Instagram campaign intended to promote the brand rather than a specific product was still found to fall foul of HFSS restrictions, reinforcing how narrow the tolerance now is for interpretation. Iceland’s ruling similarly underlined that data confidence, classification accuracy and platform context are non‑negotiable.

Crucially, these are the first rulings since the January 2026 changes came into effect and they set a precedent. The message from the ASA is clear: if there is risk, it will be tested.

How Splendid can help?

At Splendid, we’ve believe that HFSS doesn’t demand silence – but it does demand discipline. As the food and drink industry gears up for its most commercially critical trading period, there is now zero margin for error. The cost of getting HFSS wrong isn’t theoretical; it’s reputational, operational and financial.

Our ongoing HFSS roundtables and daily work, are highlighting consistent concerns:

• Increased scrutiny of earned and social-first activity, not just paid media
• Heightened risk around brand-led storytelling where product cues can still be inferred
• Ongoing uncertainty around data accuracy, reformulation and product classification
• Growing nervousness that compliance equals creative compromise

The irony? Brands that hesitate or pull back entirely often end up exposing themselves to more risk through rushed decisions, untested work or inconsistent application of guidance.

The brands that will win this Christmas won’t be the quietest but the clearest and most confident. That means understanding what’s safe, what’s risky, and where smart reframing can unlock culturally relevant, earned-first storytelling without crossing regulatory lines.

We’ve developed Splendid’s HFSS Advantage Review: a fast, senior-led assessment designed to give teams clarity. Through cost-effective, practical support packages we can help brands move forward with confidence, including:

• HFSS Advantage Reviews – sense-checking recent and upcoming PR, social and influencer activity
• Clear guidance on what to stop, what to adapt and what’s safe to proceed
• Workshops and tailored support to align teams, agencies and stakeholders
• Commercially focused recommendations that protect impact and compliance

Join the conversation at the next Splendid HFSS Roundtable 

Our work in this space is rooted in collaboration and shared learning. Our next Splendid HFSS roundtable will take place on Thursday 25th June. Brands, marketers and partners from across the industry are welcome – whether you’re feeling confident, cautious or somewhere in between.

If you’d like to attend or want to talk about HFSS support, get in touch at hi@splendidcomms.com.