Ian Colvin: rewriting the recipe – how brands can thrive with new HFSS regulations

Despite ASA push-back, the UK government’s commitment to HFSS legislation has advertisers re-evaluating their marketing approaches. Under the latest guidelines, products classified as HFSS (high in fat, sugar or salt) will be banned from pre-9pm TV advertising starting October 1st, 2025, with ongoing consultation around other paid media channels including online ads.

For decades, marketers have relied on the dual objectives of ‘mental availability’ – the more consumers see a brand, the more likely it is that they will think of it when shopping – and ‘physical availability’ – ensuring your products are available everywhere consumers might look.

Together this has been a winning formula for driving growth. But with the new HFSS rules, advertising products to build that mental availability is going to become a whole lot harder.

And that’s before we even get to the potential impact on other advertising channels like social media and online platforms. While a blanket ban on all HFSS-related advertising seems unlikely, brands may need to adjust their messaging on other paid media channels to comply with these evolving rules.

There’s no denying that marketing opportunities will be more limited than they were. But smart, strategic brands always find a way to make their campaigns work harder. Whether it’s through clever social media content or better understanding consumer search behaviour, there are several ways to keep consumers engaged.

The clock is ticking towards October and brands that start adapting now will be the ones to come out on top. It’s not just about navigating the challenges of the HFSS legislation, it’s about finding the opportunities hidden within it.

Look beyond the product

The new regulations might seem like a setback for advertisers, but they could provide a golden opportunity. As Winston Churchill famously said, “a pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”

Essentially, for brands willing to pivot, this is a chance to innovate and redefine how they engage with audiences.

While paid media ads for HFSS products may face tighter restrictions, this shift opens the door for brands to focus on owned and earned media – think social media channels, brand websites and PR. Together, these owned and earned channels offer a powerful way to reach existing and new customers, provided the content is compelling, memorable and distinct from the competition.

Red Bull would have once struggled with the new legislation. However, the changes it made years ago not only reshaped the brand but also positioned it to be less impacted by the upcoming stricter rules.

Insights revealed that many of its target customers were drawn to adrenaline sports, so Red Bull capitalised on this by building an entertainment empire around high-energy sports. The brand shifted focus to its own channels, moving away from traditional product and brand advertising.

For HFSS brands, the lesson is clear: go beyond the product and into audience needs.

Invest in platforms and messaging, such as engaging social media content or a well-curated website that resonates with your audience on a deeper level through needs-based content.

Ultimately, it’s the brands that can position themselves as a part of their audience’s broader interests that will rise to the top, even in a more regulated environment.

Understand your consumers’ search behaviour

To emulate Red Bull’s success, brands must rethink how they connect with their customers. These days, search behaviour is omnichannel – people are looking for inspiration everywhere, from Google to TikTok, and that gives brands a treasure trove of insights.

The trick is using those insights to create smarter, more holistic marketing strategies that make your brand unmissable.

The most successful brands don’t just focus on the product itself, they focus on the bigger picture.

Take Italian liquor and beverage business, Campari Group, for example. It recognised that 88% of alcohol-related search is unbranded queries, presenting a golden opportunity. If Campari Group could create high quality content answering these queries, it could make its website the go-to, trusted source for consumers enquiring about the alcohol category.

As a result, Campari Group introduced TheMixer.com, an agnostic platform with a distinct brand identity and SEO content strategy to capture audiences at their moment of need. This brought together data and editorial, written by food, drink and lifestyle experts, to inspire memorable moments through cocktail making at home.

Suddenly, Campari Group was more than just another range of alcohol brands: it was positioned as the go-to destination for producing the best in cocktail and event planning content, that both consumers and Google love.

The same mindset can work for any brand navigating HFSS restrictions. Instead of zeroing in on your product features, think about the lifestyle, emotions and values your brand aligns with.

What do your customers care about? What problems are they trying to solve? And how can your brand fit naturally into their day-to-day lives?

Not only does this approach help you comply with regulations, it helps you stand out in a crowded market. It’s not just a product anymore, it’s a means to building a relationship based on shared values and meaningful experiences.

Yes, HFSS legislation makes it harder to market products the old way. But it’s also a chance to evolve.

It’s not about what you can’t do anymore, it’s about what you can do differently.

Ian Colvin is chief strategy officer, Greenpark.