What is HFSS?
The Government is introducing new regulations that will affect the grocery industry as a whole. There are three major legislation changes which could affect retailers and wholesalers.
HFSS stands for ‘High Fat, Sugar & Salt’ and anything that is deemed HFSS will be subject to the below regulations.
The Food (Promotion and Placement) (England) Regulations
1.) Restrict the placement of HFSS product categories in high footfall areas of an affected store, like checkouts, end-of-aisle units, store entrances, and designated queueing area(since October 2022). Some of these restrictions also apply if you run a retailer facing website.
2.) Reduce the availability of products high in fat, salt and sugar (HFSS) bought through “volume promotions” like ‘buy one get one free’ offers, currently planned to come into force no earlier than October 2025.
Advertising Regulations
Advertising regulations restrict the advertising of products classified as HFSS on television before 9pm and enforces a total ban on paid-for adverts of any products classified as HFSS online that are either intended or likely to come to the attention of UK.
A note from us
Our guidance has been put together with support form the ACS. Their guidance can be found here.
(https://www.acs.org.uk/advice/hfss-regulations)To find the regulations in their totality as published by the government please click here.
(https://www.legislation.gov.uk/uksi/2021/1368/made)These regulations apply to England only. Legislation for Wales, Scotland and Northern Ireland are still under review. We will publish further guidance once confirmed.
Location Restrictions
Go Live Date: October 2022
Convenience retailers with more than 50 employees AND relevant internal floor area (sales space) of over 2,000 sq. ft (185.8sqm) cannot display HFSS products within certain distances of checkouts and designated queuing areas, on end of aisle displays, and near store entrances from October 2022. The location restrictions apply to all HFSS products regardless of how they are promoted.
Affected Areas:
- Store Entrances
- End of Aisle displays
- Designated Queuing Areas
- Checkouts
Promotion Restrictions
Go Live Date: October 2025
Volume promotion restrictions will apply to multibuy and extra free promotions of HFSS products for convenience retailers with 50 or more employees regardless of their floor area from October 2025.
Example Promotions:
- Buy one get one free
- 3 for 2
- 20% extra Free
Advertising Restrictions
Go Live Date: January 2024
Products considered to be HFSS will not be able to be advertised on television before the 9pm watershed. There will also be a ban on paid for online advertising of HFSS products. Brands that manufacture HFSS products will still be able to advertise online and on television, as long as there are no identifiable HFSS products within the adverts themselves. The restrictions on paid-for advertising will mean that brands can continue to advertise within ‘owned media’ spaces online; such as their own blog, website, app or social media page.
There are a number of other exemptions to the ban, including:
- Small businesses with fewer than 250 employees will not be subject to the ban
- Trade and business to business advertising will still be permitted
- Audio only advertising (radio / podcasts) will still be permitted