The rules around food advertising have changed and over the past few weeks this has triggered a steady stream of clients picking up the phone to me simply asking for advice on the topic.
And the question has always been pretty much the same.
Can we still promote fast food?
In short, the answer is yes. But the way we do it needs to evolve and we need to be a little bit clever.
From January 2026, new legislation introduced statutory restrictions on advertising less healthy food and drink products. These rules apply to:
• Television advertising before 9pm
• On-demand streaming platforms before 9pm
• Paid online advertising at any time
If a product is identifiable, such as burgers, fries, pizza or sugary drinks, it cannot be advertised through those specific channels.
However, and this is where a lot of the confusion sits, the legislation does not extend to physical destinations.
That means on-site screens, signage, food courts, kiosks, posters, experiential activations and estate marketing at visitor attractions are not covered by the statutory ban. These remain regulated under normal ASA and CAP advertising standards.
It is also important to understand that the ban only applies to paid online advertising.
Organic social media is not covered.
Which means attractions, destinations and food operators can still post burgers, pizzas and treats across their own social channels, provided the content is organic and not boosted or sponsored. That content still needs to comply with ASA and CAP standards, but it is not caught by the statutory ban.
There is also a clear legal exemption for brand advertising. Attractions and food operators can promote brands, atmosphere and experience, provided they are not promoting identifiable less healthy products.
This is why so many clients are calling. There is a lot of noise in the market, but the reality is far more nuanced than the headlines suggest.
So what does this mean for destination marketing teams?
While the new less healthy food legislation affects TV and paid online advertising, on-site destination marketing and organic social media still sit under normal ASA and CAP rules.
Which means advertising must be:
• Legal
• Honest
• Not misleading
• Socially responsible
• Not targeted irresponsibly at children
Kinda like all marketing should be, right?
But we also need to remember something far more important.
Food is not just a transaction. It is part of the memory of a great day out. The ice cream after the ride. The pizza after the trail. The catch up coffee in town. The hot chocolate after a winter walk.
The smartest approach is to move away from product led shouting and towards experience led storytelling.
Remember, the regulations are not a barrier. They are an opportunity to build better, more emotional marketing across the visitor economy.