Increased scrutiny of HFSS advertising, subscription rules and fake reviews means most consumer-facing businesses have a compliance risk they haven't assessed
There are consumer marketing rules you didn’t know you had to comply with
High Fat Sugar Salt (HFSS) product advertising, subscription-based contracts and fake reviews are subject to rapidly evolving consumer protection rules. Their introduction means that companies are subject to new compliance challenges and increased scrutiny from the Competition and Markets Authority (CMA). They assume you already knew the rules apply to you, and will penalise you whether you did or not.
The regulations apply to you if:
You advertise food and drink, especially online
You run a subscription, membership or recurring payment model for your services
You collect or display customer reviews.
HFSS advertising rules have applied since January 2026, and the ban on fake and misleading reviews has been in force since April 2025, with the CMA actively investigating breaches. Subscription compliance is still to come – although its start date has moved three times, it is worth preparing for now.
Two of these three regimes carry fines of up to 10% of global turnover, enforced directly by the CMA with no court order required. The third, HFSS advertising, gives Ofcom its first ever power to fine over an advertising breach. Whichever of the three applies to your business, the regulator can make non-compliance expensive, not just embarrassing. That is why you need to check where you stand now, not after a penalty notice arrives.
High fat sugar salt (HFSS) advertising
The rules on advertising food and drink that falls into the high fat, sugar or salt category changed on 5 January 2026. Paid-for online advertising of these products is banned at any time of day. On TV, the same products cannot be advertised before 9pm.
The details that many businesses miss is that genuine brand advertising, where no identifiable HFSS product appears, is allowed under a separate exemption. Getting that distinction right is the difference between a compliant campaign and one exposed to regulatory scrutiny.
Article: Less healthy food advertising - learnings from the ASA rulings
Find out what the latest ASA rulings mean for brands navigating the new less healthy food advertising restrictions.
Register for the HFSS webinar on 12 November 2026
The UK's HFSS advertising regime is creating new challenges for food brands, retailers and marketing teams. Register for this webinar to understand how early HFSS rulings are shaping compliance expectations and what marketing, legal and brand teams should do now.
Subscription compliance
If your business runs on subscriptions, free trials that roll into paid plans, or recurring membership payments, new rules are coming that will require clearer upfront information, mandatory renewal reminders, and a cancellation process that’s as simple as signing up.
The government has already pushed back introduction of these regulations three times, from spring 2026 to autumn 2026 to spring 2027, with the most recent signal suggesting January 2027.
Despite that, the substance of the rules is settled, even though the start date isn’t. Businesses that map their subscriber journey against these requirements now won’t be scrambling when the date finally lands.
Register for the subscription compliance webinar on 10 February 2027
Businesses offering subscriptions, memberships, free trials or auto-renewing services face major regulatory change. Register for this webinar to understand how the new subscription regime will affect your consumer journeys and what your teams should do now.
Fake reviews
Since 6 April 2025, publishing customer reviews without a working system to catch and remove fake ones has been illegal, not just poor practice. The rule also bans commissioning fake reviews or concealed incentivised reviews.
The Competition and Markets Authority gave businesses a three-month grace period to get their systems in order. That period ended in June 2025. In March 2026, the CMA opened five new investigations into fake and misleading reviews, on top of enforcement action already underway against major platforms.
The question to ask now: if the CMA asked you tomorrow to show your process for detecting fake reviews, could you? A policy document isn’t enough. The CMA expects evidence of active checking, not a statement of intent.
Register for the fake reviews under the DMCCA webinar on 14 April 2027
New rules governing fake reviews are now in force, making this a key area of focus for consumer-facing businesses. Register for this webinar to understand what the CMA expects on fake reviews and what practical steps your teams should take now.
How can we help
Confirming and remedying your compliance with the new consumer marketing compliance rules is something you can do once you know where to look. Some of it needs a second opinion.
If you’ve already worked through the checklists and found gaps, or you already know you’ve got a problem and don’t need to find out the hard way, there are two ways to get support:
We provide a free 30-minute consultation, to talk through what you’ve found and what next steps will matter most for your business
An ongoing retainer, allowing us to manage your compliance obligations and giving you the peace of mind while you run your business
Make sure your consumer marketing is compliant
If you want to deliver effective marketing and customer engagement strategies, you need to navigate increasing consumer law and regulatory requirements. Our Advertising and marketing law experts can help you work through the pitfalls, with real understanding of how to reduce risk, strengthen governance and keep your business moving forwards.
Get in touch with Iona Silverman or Simon Barker to discuss your next move.
Simon Barker
Partner & Head of Intellectual Property
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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