The “Brain Food” boom: What businesses need to know in 2026

The classic “new year, new me” cycle covers all sorts of plans for health and undoubtedly some consumers’ focus will move towards supplementing cognitive and brain health when considering new habits for the new year. 

Consumers are increasingly being marketed products that promise sharper focus, better memory or reduced stress. Some products have attempted to go further than this, promising to “treat or cure” conditions for which medical supervision should be sought or making medicinal claims for food supplements.

We have already seen significant growth in this area, which is not expected to slow down anytime soon, with the UK market alone predicted to nearly double before 2030. This booming demand presents unique opportunities for innovative businesses to capitalise on what is now a mainstream trend, however with heightened regulatory scrutiny in the UK, brands must take appropriate steps to stay compliant. 

Health claims under the microscope

A key point to remember regarding the interpretation of claims when it comes to foods is set out in law and the law is reflected in the Ad Codes which are applied by the UK's Advertising Standards Authority (ASA). 

Under UK law (EU Regulation 1924/2006, assimilated law), claims that can be made in “commercial communications” (which includes food labels and in advertising) are regulated in a way that editorial commentary is not. This can cause roadblocks to commercial activity, including acquisitions, when the momentum behind growth relies on marketing approaches which may not be applicable in the UK. 

Specific health claims need to be authorised, and general health claims can only be made if accompanied by a specific health claim.

For example, while some might think of “nootropic” as a category descriptor, the ASA has ruled it to be a specific health claim on the basis that consumers will understand it to mean that the advertised product would help with mental performance. Such claims need to be listed as authorised on the Great Britain nutrition and health claims (NHC) register. 

Back in 2024, ASA monitoring (using new AI tools) flagged numerous online ads for food supplements that breached the CAP Code. Claims such as "nootropic super mushroom gummies" eliminating stress or improving focus and memory have been ruled non-compliant, as have references to "adaptogen" ingredients or "superfoods to supercharge your health". 

A product which meets the composition criteria for being high in omega-3 or iodine can potentially make a claim to "contributes to normal brain function" or "contributes to normal cognitive function" – but broader promises like "improves memory" or "reduces anxiety" are likely to cause issues. 

The medicinal claims trap

Critically, some food supplement promotions referencing brain health have crossed into medicinal claim territory, which is prohibited for unlicensed products. One high-profile ASA ruling found that a brand’s memory supplement ads implied treatment or prevention of Alzheimer's and memory loss, therefore breaching the CAP Code. 

Similarly, claims suggesting a food or supplement can alleviate anxiety or depression risk being understood as medicinal claims which would need a medicines licence to be made. Even testimonials must be handled carefully, as demonstrated by ASA’s recent ruling on Trip’s advert referencing "Health Benefits of Lion's Mane – Reduces Anxiety and Stress", which was found to be an unauthorised medicinal claim.  

Steps to navigate compliance

With consumer enthusiasm for brain health products at an all-time high, a compliant and informed approach will ensure your business can innovate and advertise effectively without legal setbacks. 

All businesses operating in this space should consider:

• Permissible claims: Auditing all product names, labels and ads for implied health benefits. Avoid non-specific claims phrases like "superfood" unless paired with an authorised claim. Ensure that your product meets the conditions of use of the authorised claim.
• No medicinal claims: Ensure marketing doesn't make medicinal claims or stray into implying it can treat or prevent disease. Avoid references to Alzheimer's, dementia, depression or clinical anxiety in relation to a food supplement.
• Advertising compliance: Train marketing teams on the CAP Code and ASA Codes. Given the ASA's active monitoring (including of social media posts), companies should double-check influencer content, testimonials and any other content which will be regulated by the ASA for potential claims.
• Legal check: Remember that advertising regulation reflects the law which also applies to on-pack claims.

At Browne Jacobson, our food and drink team regularly advises on these issues – from reviewing product claims and labels to responding to regulator and competitor challenges. If you would like to learn more about the services our food and drink team offer, please contact a member of the team.