M&S one-ingredient corn flakes show folly of HFSS ad ban

The sad news that Marks & Spencer could be forced to cancel its planned Christmas ad due to new HFSS rules is yet another blow to British businesses trying to market their wares and innovate their way through an increasingly complex regulatory landscape.

As M&S chairman Archie Norman recently pointed out, the retailer could be caught in the crossfire of well-intentioned but poorly executed regulations that fail to distinguish between different types of food products and their contexts.

From 1 October 2025, paid-for online ads for ‘less healthy’ HFSS products will be banned by law. The ban applies to all UK-targeted ads, regardless of the audience’s age, and also includes a ban on TV ads before 9pm. Internet protocol television (IPTV), which delivers television live over the internet, will also be subject to the 9pm watershed.

The Christmas ad, a British retail tradition, could fall victim to rules that prevent the promotion of foods high in fat, salt or sugar before the 9pm watershed in the same way as other on-demand programme services.

Even if there is leeway, as the government has suggested, brands will be restricted to promoting non-product attributes, such as corporate social responsibility commitments or customer experience, or healthier products within their portfolios.

Christmas staples like mince pies and puddings will be deemed HFSS and “less healthy” regardless of their nutritional profile or the broader context of balanced consumption. So Christmas is going to be a hoot.

HFSS rules are too strict

This development comes hot on the heels of M&S facing criticism for its innovative one-ingredient corn flakes, which will no doubt fall foul of the new HFSS ad guidelines. Rather than being celebrated as a major step toward ingredient simplicity, critics dismissed it as a marketing gimmick and questioned its nutritional value.

As someone who has observed the opprobrium levelled at the food industry in recent years, I believe these criticisms miss the forest for the trees. M&S’s corn flakes represent not just a savvy commercial move, but a meaningful step forward in the retail food landscape that deserves recognition rather than cynicism.

As the ultra-processed food debate reaches fever pitch in the UK, M&S has done something remarkable: it has stripped a breakfast staple back to its absolute essence.

Critics argue that corn flakes, regardless of ingredient count, still undergo significant processing. This is undeniably true. The corn is milled, cooked, rolled, and toasted. But this criticism conflates processing with ultra-processing, a distinction that nutrition experts increasingly emphasise is crucial.

Even Dr Chris van Tulleken, author of Ultra-Processed People, hsays the defining characteristic of UPFs is not just processing itself but the presence of industrial ingredients and formulations designed to override satiety signals. M&S’s corn flakes avoid these problematic additions.

Regulatory overreach

Now, with the HFSS advertising restrictions potentially forcing the cancellation of its Christmas campaign, we can see how regulatory overreach could penalise companies simply offering products that meet consumer expectations.With the creation of a new Food Strategy Board and a government-funded National Food Survey, we can also expect compulsory targets, enforceable by law, to be brought in without nuance or flexibility.

M&S has taken a bold step forward with its product innovations, showing some bravery in navigating the complex regulatory environment around food health claims and advertising. Removing ingredients that enhance palatability, extend shelf life, and reduce production costs represents genuine business risk. M&S has willingly sacrificed these advantages to respond to evolving consumer values around food simplicity.

In their current form, HFSS rules could impact the beloved British tradition of Christmas advertising, demonstrating how regulation that lacks nuance can stifle rather than encourage positive innovation.

No single product will solve all nutritional challenges or completely sidestep the complexities of modern food processing. But companies like M&S are taking meaningful steps in the right direction, and regulators should recognise what food manufacturers and retailers are trying to do to innovate their way through the regulatory quagmire.

Consumers need choice

Many health-focused groups forcing through the HFSS and UPF agenda are obsessed with ‘behaviour change’, believing they’re nudging us towards a better, more virtuous and healthier lifestyle. But regulation should exist to protect people as they make their own choices, rather than restrict or remove their freedom to choose.

Of course, fair and balanced protection of consumer interests is critical, but lobbyists and special interest groups have gained undue influence over government policy. The result is that regulation is being stacked dramatically against the interests of British business, manufacturers and, ultimately, consumers.

Until that imbalance is challenged, the threat of an ever-greater regulatory burden will stifle innovation, increase costs, and limit consumer choice while industry voices remain largely unheard. M&S’s Christmas advertisement could be another casualty in this ongoing regulatory battle.

M&S has demonstrated that commercial appeal and ingredient simplicity can coexist. It’s a powerful message that could ultimately drive more meaningful change than simply pushing for ever-stricter advertising regulations and reformulation targets. This approach will no doubt drive businesses toward compliance but will also encourage economic growth, investment, creativity, and job creation in the long run.

Craig Ralph is the client services director at SPQR