IP and Brand Reputation
High Fat Sugar and Salt Regulations: what’s in store for retailers?
There’s growing concern over the link between obesity and serious illness in the UK in both children and adults.
Over the past few years, the government has introduced regulations seeking to tackle the issue of childhood obesity by reducing their exposure to products that are high in fat, salt or sugar (HFSS) products. By restricting the promotion, placement and advertising of HFSS food and drink in store and online, it is hoped there will be a positive knock-on effect to public health.
Regulations relating to HFSS will be implemented over a five-year period. We’ve set out a road map below of where we are and what’s in store (and online).
Which businesses qualify and are in scope of the regulations?
- Businesses with 50 or more employees offering prepacked food for sale in-store and/or online are in scope.
- Restaurants, cafes, coffee shops, schools, care homes, businesses smaller than 2,000 square feet and specialist shops (e.g. sweet shops) are exempt.
What products are in scope?
- Products deemed to be HFSS following the government’s Nutrition Profiling Model are in scope such as sugary soft drinks, crisps, biscuits, sweets and cakes.
- Out-of-home products and meal deals are exempt.
What are the current restrictions?
- All businesses must avoid publishing misleading advertisements relating to nutritional content of HFSS products.
- HFSS products are not permitted in the media directed at children under the age of 16 or where children under 16 make up more than 25% of the audience.
- HFSS products cannot be placed in or adjacent to television programmes principally directed at or likely to appeal particularly to audiences below the age of 16.
- Qualifying businesses are restricted from placing HFSS products in key locations such as at store entrances, checkouts, queuing areas and aisle ends.
- Qualifying businesses are restricted from advertising HFSS products on website homepages, on the same webpage as a non-HFSS product, pop-up pages, on ‘recommended for you’ or ‘favourites’ webpages unless specifically identified by the consumer.
What further restrictions are there in the years ahead?
- In January 2025, there will be a ban on adverts for HFSS products on TV before 9pm.
- In October 2025, qualifying businesses must not offer volume price promotions for HFSS products such as ‘three for two’ or ‘buy one get one free.’ Meal deals and dine in for two deals will be out of scope. Discounts e.g. 50% or free samples and vouchers are also out of scope.
What happens if you’re in breach?
Non-compliance with the regulations may result in the issue of an improvement notice and £2,500 penalty.
Non-compliance with advertising and broadcast regulations may also result in a publishable adverse decision causing reputational harm.
Search engines may remove paid adverts or links to adverts containing misleading information and social media companies may remove non-compliant adverts. Businesses may be referred to trading standards who may take enforcement action such as imposing fines and there are criminal sanctions, including imprisonment for the worst offenders.
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