The Advertising Standards Authority (ASA) upheld a complaint over a paid-for Instagram advert promoting the Japanese restaurant group’s collaboration with KitKat.
Seen on 28 April, the advert featured a series of animated images carrying the slogans “better than an egg” and “Have a break from tradition”, alongside Yo! and KitKat branding.
It also featured the words “Made with KitKat Cream Puff” and a “Learn more” button directing consumers to further information.
Youth campaign group Bite Back challenged whether the advert breached advertising rules by promoting an identifiable less healthy food product through paid-for online advertising.
The ASA said Yo! had funded the advert, with KitKat owner Nestlé not involved in its placement, meaning the restaurant group was responsible for it under the advertising code.
Central to the ruling was whether the advert promoted an identifiable less healthy food product.
While the creative did not feature any images of food, the words “Made with KitKat Cream Puff” were visible throughout.
The ASA found the chocolate cream puff was classified as a high fat, salt or sugar (HFSS) product and fell within the desserts and puddings category covered by the restrictions.
It therefore ruled that the advert breached rules governing the placement of less healthy food and drink advertising online.
Yo! has been told not to run the advert again in its current form and to ensure future paid-for online advertising does not promote identifiable less healthy food products, including through references to specific HFSS menu items.
The rules around advertising HFSS foods came into force earlier this year.
A number of other major restaurant and food brands have already been caught out including pizza delivery giant Domino’s.

