New regulations published by the UK government on pre-watershed adverts for HFSS foods and drinks have met criticism for favouring brands offering less healthy products.

A detailed “statutory instrument” tabled in Parliament means adverts by brands that do not show specific products that are high in fat, salt and sugar will be allowed to be broadcast before the 9pm watershed.

The UK government had signalled in April branded ads would be exempt from new legal requirements so long as the spots did not “identify a specific less healthy product”.

The ban on pre-watershed ads of HFSS products was set to go live next month but was pushed back to January after feedback from industry. Brands plan to start following the regulations from next month.

The previous Conservative government announced a plan in 2022 to ban the advertising of HFSS products, initially slated for April of that year but the move was delayed a number of times.

“We have been clear throughout the policy’s development that brand advertising which does not identify less healthy food or drink products is out of scope of the restrictions,” the UK government said.

“We acknowledge that some food or drink brands are exclusively or strongly associated with less healthy products. However … we have also been clear that we do not intend to pigeon-hole brands as being less healthy and instead, where possible, want to incentivise brands to reformulate products and promote their healthier options.”

Campaign groups have reacted with dismay. “This government pledged to raise the healthiest generation of children ever and yet they’ve ignored the evidence, instead pursuing a policy that essentially enables business as usual,” Fran Bernhardt, commercial determinants coordinator at Sustain, said.

“They’ve not only scuppered the opportunity to set the stage for healthier food, they've written something so weak that it incentivises industry to develop more unhealthy products. Industry will be celebrating another ruined health policy, while the UK’s children have been let down once again.”

Dr Kawther Hashem, the head of research and impact at Action on Sugar and lecturer at Queen Mary University of London, said the regulation had created a “loophole [that] completely undermines the purpose of the HFSS advertising restrictions”.

She added: “Allowing big brands to advertise under their corporate banner or use generic branding before 9pm means children will still be exposed to powerful marketing for products that are high in fat, salt and sugar. The Government promised robust action to protect children’s health but instead we’re left with rules full of exemptions that favour industry over public health. If we are serious about tackling obesity and giving children a healthier future, these loopholes must be closed.”

Just Drinks approached industry association The Food and Drink Federation for comment.

A spokesperson said: “This clarification from Government on the scope of the law is very welcome and provides food and drink companies with the certainty they need to take decisions on future advertising. We look forward to seeing the final business guidance once this is available. In the meantime, industry will be following its voluntary commitment to abide by regulations from October.”