Following heavy lobbying from the industry around the implications of ‘brand advertising’ (i.e. advertising a brand/company name even if unhealthy products were not shown), the Government has announced that it intends to make and lay a Statutory Instrument (SI) to explicitly exempt ‘brand advertising’ from the restrictions. To allow time to consult on the draft SI, the formal date that these new restrictions come into force has been extended from 1 October 2025 to 5 January 2026.
However, as per a voluntary agreement with the Government, advertisers and broadcasters have made a public commitment to comply with the restrictions as though they would still come into force from 1 October 2025. This means that, from 1 October 2025, the Government has said that it would expect adverts for specific identifiable less healthy products not to be shown on TV between 5:30am and 9pm or at any time online. This is a positive development for advertisers, particularly those that largely or wholly advertise products that fall within the ‘less healthy product’ category, who (it is expected) will be able to continue to advertise their branding without showing such less healthy products, at any time. This is of course subject to how the Government will define ‘brand advertising’, which we expect clarification on before the restrictions come into force on 5 January 2026 (subject to Parliamentary approval). However, advertisers will still be expected to comply with the general restriction and no longer advertise identifiable less healthy products on TV between 5:30am and 9pm or at any time online, as of 1 October 2025.
She has particular interest and expertise in advertising related agreements such as creative agency, media buying, brand sponsorships/partnerships, media measurement, affiliate network arrangements and digital media and adtech (including adtech vendor arrangements and programmatic advertising).
On the regulatory side, Shayna has particular experience advising on data protection and privacy matters in relation to marketing, adtech and digital media. She also advises on general advertising and consumer regulations (e.g. promotions and influencer marketing) as well as in relation to online safety including online safety regulation and the ICO’s Children’s Code.
Shayna has experience advising on the commercialisation and use of various technologies including AI, blockchain, the use of NFTs and the metaverse, particularly in the context of brand engagement, digital marketing and advertising.
Shayna acts for clients across the advertising industry, including agencies of various sizes, brands in a variety of sectors (including film and production, video games, fashion and luxury goods, and travel and leisure), adtech vendors and platforms, advertising trade bodies and media measurement companies.
Shayna studied law and criminology at Cardiff University graduating with first class honours.
Before joining Harbottle & Lewis, Shayna trained and qualified at CMS, working in the technology and media department and has experience of advising in both private practice and in-house having undertaken a number of secondments including at two leading FTSE100 companies, an adtech platform and an advertising trade body.
Shayna maintains CIPP/E certification and has completed the MRG Tools of the Trade course. She is also a committee member on the Society for Computers and Law (SCL’s) Digital Media Group Committee. Shayna is recognised as a ‘Key Lawyer’ in ‘Advertising and Marketing’ in The Legal 500 2024.
Whilst Andrew has extensive experience in the High Court, Court of Appeal and IPEC, as a trusted advisor to his clients he is often co-ordinating their needs and facilitating wider work. To that end, he often advises on matters with a ‘brand’ focus, such as sponsorship, advertising and merchandising agreements and reputation management issues. Andrew also has extensive experience of advising on and clearing TV and film content for global projects.
As well as acting for household name brands across key sectors, such as FMCG, retail, fashion and technology, Andrew has worked with high profile talent in media and entertainment for many years, including major artists in the music industry.
Andrew has a strong reputation in the market and is described as “excellent” by The Legal 500. He was previously head of the IP and media team at Eversheds Sutherland, having been a partner for more than 10 years.
Sacha advises clients from a variety of sectors, including some of the world’s best known brands, agencies and platforms. He advises on a range of commercial transactions and has particular expertise in advertising-related agreements (such as creative agency, media buying, production and brand partnerships). He is particularly well known for his expertise in digital marketing and adtech.
Sacha also has expertise in general advertising compliance (including prize promotions, native advertising and influencer marketing) as well as ecommerce and online consumer regulations.
Sacha also works within the firm’s retail practice and regularly advises well-known retail brands on a range of retail-focused commercial agreements including distribution, licensing, and franchise agreements.
In relation to data privacy, Sacha has advised on all the key compliance areas, and has worked with a large number of clients on their data protection compliance programmes. He has particular expertise in the data privacy aspects of marketing, adtech and digital media. He frequently advises on the compliance aspects of adtech vendor arrangements, programmatic advertising, mobile apps and digital marketing activities.
Sacha is ranked for advertising and digital media in both The Legal 500 and Chambers and Partners. Sacha speaks and writes regularly about legal issues in the digital world and is frequently asked to speak at industry conferences and comment in the press.