by Alice Casban, Lead Talent Management Recruiter at SUMO
A clear breakdown of the new advertising rules for food and drink – and expert guidance from Legally Influenced on why creators and Talent Managers need to stay compliant.
As a recruiter who speaks to Talent Managers daily, one topic of conversation that keeps popping up. It’s the UK’s tightening on advertising rules for “less healthy” food and drink, which will cause significant changes to creator–brand partnerships.
We’ve all seen small steps so far – like the end of bottomless sugary drinks in restaurants – but from January 2026, the restrictions extend into online advertising and social media partnerships. And this is where things get complicated for Talent Managers, food creators, and the agencies working between them.
In a nutshell, the new rules will implement a total ban on paid online advertising showing identifiable food and drink products classified as “less healthy”, with TV watershed restrictions too. This affects paid partnerships, gifting, boosting content, all paid online ads and affiliate links. The new rules apply to any food and drinks business with over 250 employees.
Before Talent Managers can even begin reviewing briefs, it’s essential to understand what actually counts as “less healthy” food and drink. It extends beyond chocolate bars and fast food and includes many soft drinks, cereals and convenience meals too. Brands should be able to confirm the status of a product – but Talent Managers will need to double check if anything appears unclear.
Will Brands Be Providing Guidelines?
In many cases, yes but not consistently enough for Talent Managers to rely solely on brand direction. Larger FMCG companies, supermarket chains and global creative agencies tend to distribute guidance. However, other brands may be far less prepared. As the rules are new, and initially confusing even to Talent Managers, there may be uncertainty around the nuances of the legislation. Some brands may not fully understand that their product falls under the “less healthy” category, which means Talent Managers will need to be proactive in asking the right questions.
What Talent Managers Need to Look Out For
A key area of responsibility is understanding which foods, drinks and snacks sit within the “less healthy” category and whether the brand falls under any of the exemptions. Without this clarity, it’s impossible to determine whether a partnership is viable. Talent Managers must feel confident identifying risk categories so they can give clear guidance to both creators and brands.
Incoming briefs must be reviewed with more scrutiny. Talent Managers will need to check whether the creative concept could breach the new rules and whether the brand has supplied adequate compliance instructions. If anything feels unclear or risky, the Talent Manager will need to push for clarification or seek legal advice before accepting the partnership.
Creative will need to be controlled. Talent Managers will have to remind creators to refrain from showing “less healthy” products in their content. This will require stronger briefing, more detailed feedback stages and a greater emphasis on compliance.
Naturally, some contracts may attempt to place disproportionate liability on creators, so Talent Managers must review these clauses carefully and be willing to push back where necessary.
A Lawyer’s Perspective
We spoke to Phoebe, former TikTok legal counsel and founder of Legally Influenced, who explained:
“I help creators, agencies and Talent Managers navigate their legals and I’m already seeing how much confusion these new rules are causing the industry.
The upcoming ban on paid online advertising for “less healthy” food and drink products (for brands with over 250 employees) will cause a huge shift in advertising. It even extends to content created around gifted “less healthy” food and drink products- which many people don’t realise.
Legally, the liability for compliance sits with the brands. However, in practice, the creators and Talent Managers will feel the impact if things go wrong. Whether that’s because of content takedowns, creators having to reshoot at their own expense, delayed or withheld fees and damaged credibility. So, while the responsibility is technically on the brand, the creators and Talent Managers need to understand the new rules to protect their work, income and reputation.
From 5th January 2026, when ASA enforcement begins, there will need to be clearer content approvals processes, stronger liability clauses and a more proactive approach to compliance around food and drink campaigns. Creators and Talent Managers should be preparing for this now.
To help with this, Legally Influenced is running a 30-minute online session, breaking down the new regulations in a way that’s practical and easy to understand.
The goal is to give creators, agencies and Talent Managers the clarity they need to navigate the new rules. To sign up to the online session- or if you have any questions- email phoebe@legally-influenced.com or message @legally.influenced on Instagram.”
Moving Forward
For some creators, this legislation may limit or restrict certain partnership opportunities or mean long-lasting brand collaborations can’t continue in their current form. Talent Managers will need to adapt new strategies and shift focus towards ‘healthier’ brands and products. Much like alcohol and gambling rules, these changes will reshape the creator economy by driving greater accountability, stronger compliance processes, and improved protections for audiences.
The ASA is expected to enforce these rules robustly from 5th January 2026, so the Talent Managers who stay informed and work closely with their creators and brand partners will be best positioned to keep campaigns compliant. Being proactive – and not reactive – will be key in protecting revenue and reputation.
