The Advertising Standards Authority's recent ruling against an M&M's Instagram advert has become one of the clearest examples yet of how the UK's HFSS (high fat, salt and sugar) advertising restrictions are likely to be interpreted in practice.

While the headline focused on a brand mascot being banned, the decision carries much broader implications for food and drink businesses, particularly those investing in long-term brand building.

For manufacturers developing new products, packaging and marketing strategies, it's a reminder that the conversation has moved well beyond simply deciding whether a product can appear in an advert.

A quick recap

Introduced in January 2026, the HFSS advertising rules prevent large businesses from showing identifiable less healthy food and drink products in paid online advertising and on television before 9pm.

Importantly, the legislation does not ban brand advertising altogether. Companies can continue to advertise provided they are not depicting a specific HFSS product.

Until now, much of the discussion has centred around obvious examples such as burgers, chocolate bars or fizzy drinks appearing in advertising creative. The ruling demonstrates that brand assets, including mascots and other branding techniques, can fall within the scope of the HFSS advertising rules if they depict a specific less healthy product.

When a mascot becomes a product

In the case considered by the ASA, Mars Wrigley argued that its well-known M&M's characters were simply brand mascots designed to represent the business as a whole.

However, the ASA concluded that the yellow character represented Peanut M&M's specifically because of its distinctive oval shape, which is unique to that product variant. As a result, the advert was deemed to depict a specific less healthy product and was banned.

Interestingly, the green character featured in the same advert was not found to breach the rules. Its round shape was considered representative of multiple M&M's products rather than one specific variant.

The distinction may appear subtle, but it provides valuable insight into how regulators are likely to assess future campaigns.

Why this matters beyond confectionery

Although this ruling concerns a global confectionery brand, the principles extend across the wider food and drink industry.

Many businesses have spent years creating distinctive visual assets that immediately connect consumers with their products. These might include:

• Character mascots

• Product silhouettes

• Unique packaging shapes

• Signature colour combinations

• Animated products

• Recognisable illustrations

Businesses should now consider whether these assets could themselves be interpreted as depicting an identifiable HFSS product.

For challenger brands, this presents an interesting strategic question. As businesses invest in creating memorable brand identities, they may also need to consider how those assets can be used across regulated advertising channels.

Brand building versus product marketing

One of the clearest messages from the ASA ruling is the growing importance of separating brand communications from product communications.

For some manufacturers, this could encourage campaigns that place greater emphasis on:

• Company purpose and values

• Sustainability initiatives

• Innovation

• Manufacturing expertise

• Ingredient sourcing

• People and culture

• Corporate partnerships

Rather than centring creative around the product itself.

Building future-proof brands

For entrepreneurs launching new products today, marketing compliance is becoming an increasingly important consideration during brand development.

Questions worth asking include:

• Could our mascot be interpreted as the product?

• Is our logo effectively a picture of the product?

• Can our branding stand independently from the product?

• Do we have enough non-product brand assets to build campaigns around?

Considering these issues early can help businesses create marketing assets that remain flexible as regulation continues to evolve.

The M&M's decision is only one ruling, but it is likely to become an important reference point for marketers, agencies and brand owners.

It also reinforces that the HFSS rules are not simply restricting what products appear in advertising. Increasingly, they are shaping how brands themselves are built.

For food and drink manufacturers, particularly those preparing to scale, understanding these evolving regulations is becoming just as important as understanding consumer trends or retailer requirements.

As further ASA rulings emerge, businesses should expect additional clarity on where the boundaries lie. In the meantime, manufacturers would be wise to review not only the products featured in their campaigns, but also the brand assets they rely on to tell their story.