HFSS Regulations for England
Nearly two thirds of adults and one third of primary aged children in the UK are overweight or obese. The prevalence of obesity is highest among the most deprived groups in society, and children living in these areas are more than twice as likely to be living with obesity than those in the least deprived areas. Obesity is a serious health concern that increases the risk of developing other health conditions such as type 2 diabetes, coronary heart disease and some types of cancer. Evidence shows that food retail price promotions are widespread and effective at influencing food preferences and purchases (particularly for children).
Therefore, a number of restrictions have been introduced in England to help empower people to make the healthier choices. This will restrict the location, price promotion and advertisement of certain food and drink categories that are known to make a significant contribution to our overall calorie intake. The restrictions apply to medium or large retailers, with 50 or more employees, offering prepacked food for sale in store and online. The out of home sector is not in scope of these restrictions, with the exception of a ban on unlimited sugar-sweetened drinks refills.
Pre-packed foods and drinks are assessed using the Department of Health Nutrient Profile Model, which measures the ‘healthiness’ of foods and drinks. The Nutrient Profiling Model is a scoring system that balances the contribution made by beneficial nutrients (fibre, protein and fruit/vegetable/nut content) with nutrients we should eat less of (calories, saturated fat, sugar and sodium). If a food scores 4 or more, and a drink scores 1 or more, it is considered to be high in fat, salt or sugar (HFSS).
Timeline of restrictions for HFSS products
- Location restrictions from October 2022. HFSS foods and drinks within the 13 categories (see below) cannot be placed at the checkout area, on end of aisle displays or at store entrance displays.
- Volume price promotion restrictions from October 2025 – HFSS foods and drinks within the 13 categories (see below) cannot be volume price promoted such as, buy one get one free, 3 for the price of 2, or 50% extra free.
- Advertising restrictions on TV and online from October 2025. HFSS foods and drinks will not be allowed to be advertised before 9pm. Further details to be confirmed.
The government have decided that the location and volume price promotion restrictions should apply to product categories that have been identified as being the biggest contributors to children’s sugar and calorie intakes, are heavily promoted, are therefore the categories of most concern for childhood obesity.
Categories in scope of the regulation
- Soft drinks with added sugar
- Crisps and savoury snacks
- Breakfast cereals
- Confectionery
- Ice cream
- Cakes
- Sweet biscuits
- Morning goods
- Desserts and puddings
- Yogurts
- Pizza
- Chips and similar potato products
- Ready meals
Businesses that the restrictions apply to
- The restrictions apply to medium and large retailers (with 50 or more employees) offering prepacked food for sale in store and online, including franchises and symbol group stores.
- These restrictions apply to businesses that sell food and drink to England, not dependent on whether the business itself is registered in England.
- The out of home sector (including schools, care homes, prisons, hospitals) is not in scope of these restrictions, with the exception of free refills on sugar-sweetened drinks which are subject to volume price promotions restrictions.
At the time of publishing, Scotland and Wales are yet to announce confirmed HFSS plans.
For support and advice on allergens and nutrition, visit our website to find out more (https://www.brake.co.uk/allergens-nutrition)