Foods widely considered unhealthy are escaping restrictions on advertising and supermarket promotions because the UK continues to rely on nutrition standards developed more than 20 years ago, according to new analysis by the Obesity Health Alliance (OHA).
The findings could have implications for food manufacturers, retailers and convenience store operators, as campaigners press the government to update the rules used to determine which products are classified as less healthy.
The OHA compared the current 2004/05 Nutrient Profiling Model (NPM) with an updated version finalised in 2026, finding that products currently permitted to be advertised or promoted could be caught by restrictions under the revised model.
Six of the seven in-scope food and drink products identified by the OHA during the final of Britain’s Got Talent could be reclassified as less healthy under the updated model. They included products such as KFC Zinger Burger, McDonald’s Spicy McCrispy and Walkers Prawn Cocktail crisps.
The analysis also examined supermarket end-of-aisle promotions, finding that 45 of 68 in-scope products that passed the existing model could be classified as less healthy under the updated version. These included products from categories such as cakes and biscuits, sugary drinks, desserts and puddings.
Public opinion and regulatory pressure
Separately, polling conducted by Savanta among 2,211 UK adults found that 77 per cent considered a KFC Zinger Burger unhealthy, while 71 per cent said the same of a McDonald’s Spicy McCrispy and 62 per cent of Walkers Prawn Cocktail crisps.
The survey also found that 69 per cent of adults believed children regularly saw advertising for unhealthy food and drink, while 57 per cent wanted the government to do more to restrict it.
The findings come after new restrictions on advertising less healthy food and drink products came into force on January 5, 2026. The rules prohibit identifiable less healthy products from being advertised on television before 9pm and through paid-for online advertising at any time, subject to exemptions including certain brand advertising.
The Advertising Standards Authority (ASA) has already begun enforcing the new rules, with several rulings highlighting the compliance risks for retailers and food brands.
In August, Costcutter became the first convenience retail chain to fall foul of the new restrictions after the ASA upheld a complaint against a webpage promoting its Easter “Spin to Win” competition with Cadbury owner Mondelez. The webpage featured identifiable Cadbury Easter products, including Creme Eggs and Mini Eggs.
The ASA ruled that the webpage breached the rules on paid-for online advertising of less healthy products. However, it dismissed a separate complaint against the accompanying paid Instagram advert, which qualified for the brand advertising exemption.
Other recent rulings have targeted campaigns featuring less healthy food products, including an Easter-themed Instagram advert by Amazon Fresh and an advert for M&M’s.
The updated Nutrient Profiling Model could widen the range of products subject to restrictions, although the precise impact will depend on the final rules and their implementation.
OHA calls for faster action
The OHA is urging ministers to publish their response to the consultation on applying the updated model, which it says has already exceeded the 12-week period recommended by government guidance.
It is also calling for the consultation on the proposed Healthy Food Standard to be published immediately, followed by implementation of both measures within the current Parliament.
The Healthy Food Standard, outlined in the government’s NHS 10-Year Health Plan for England, is intended to require large food businesses to report on the healthfulness of their sales and work towards targets to improve them.
Katharine Jenner, executive director of the OHA, said families expected advertising and promotion rules to reflect modern nutrition science rather than standards developed more than two decades ago.
“Both the updated model and the Healthy Food Standard were promised in the NHS 10‑Year Plan, and countries around the world are already modernising how they identify unhealthy products based on the latest evidence - so multinational companies have long known which way the wind is blowing,” she said.
“Now they need to be implemented quickly, so the rules make sense to businesses, parents and consumers, and help ensure the food we buy is affordable, available and advertised responsibly.”
Beth Bradshaw, policy and advocacy lead at the OHA, said the updated model was not intended to demonise individual foods or dictate what people could eat, but to ensure advertising and promotion rules reflected current evidence.
“This should also be good news for responsible businesses. Many companies have already invested in improving their products and have been expecting these updated rules for years. Implementing the new model would give responsible businesses the stability and level playing field they’ve been asking for,” she added.