The UK’s Advertising Standards Authority has banned an M&M’s advert, ruling that one of the brand’s famous cartoon mascots breached the country’s restrictions on promoting less healthy food. The ad appeared on Instagram and featured the confectionery brand’s round green and oval yellow characters.
The Yellow Character Was the Problem
In its decision announced on 8 July, the ASA said the yellow M&M’s character represented an identifiable less healthy product. The regulator concluded that the character’s oval shape and yellow colour specifically depicted Peanut M&M’s, making the ad a paid promotion for a product high in fat, salt or sugar.
Interestingly, the ruling drew a line between the two mascots. The ASA found that the green character did not depict a specific product, since the round mascots represent a range of flavour variants rather than one particular item. The distinction turned entirely on shape, with the oval silhouette tying the yellow character directly to the peanut variety.
Mars Pushed Back on the Ruling
Mars, which owns the M&M’s brand, argued the characters were intended to promote the overall brand rather than any single product. The company said no visual or text elements would allow a reasonable consumer to identify a specific less healthy item, pointing out that the mascots appeared without packaging, product names or descriptive cues.
Mars also highlighted the stylised, animated nature of the characters, noting their human traits such as arms, legs, facial expressions and distinct personalities. The ASA was unpersuaded, ordering Mars to ensure the ad does not run again and instructing the company to avoid brand characters that depict specific less healthy products in future advertising.
A Mars Wrigley UK and Ireland spokesperson said the company had acted promptly to comply, welcomed the clarity the ruling offers, and remains confident in its ability to adapt its creative approach.
Part of a Wider Crackdown
The ruling stems from a challenge by food campaigning group Bite Back, which reported the ad for violating the UK regulations.
The rules, effective since January, ban paid promotions for foods and drinks high in fat, salt and sugar on television before the 9pm watershed and across paid online advertising at any time. M&M’s is not the first major name caught out. In April, supermarket chains Iceland Foods and Lidl were among the first brands to have ads banned under the new framework.
What This Means for Brand Marketers
This decision matters well beyond confectionery. It confirms that brand characters, even highly stylised ones shown without packaging, can constitute product-identifiable advertising if their design maps to a specific SKU. For food and drink brands operating in the UK, mascot-led creative now needs the same HFSS compliance review as product shots. Expect agencies to audit character libraries carefully, because a shape or colour alone can now trigger a ban.
