HFSS has been hitting the news a lot recently. Journalists, government advisors, food and drink brands, as well as health officials have all joined in the conversation, but with so much chatter, are you clear on what is going on?

Below, we’ve prepared a small* summary on what HFSS is, what laws are coming in and who they might affect.

 *Emphasis on small, as this is a large piece of regulation, that looks at the broad food and drink market, retailer environment and in-store layout.

HFSS stands for High in Fat, Salt or Sugar. Restrictions on the retail placement of HFSS products came into force in 2022, but this October (2025) brings new restrictions on price promotions on volume and location, amongst other things.

Why is HFSS in the news?

Evidence shows that food retail price promotions can effectively influence food preference and subsequently purchase. These behaviours do not always align with the government guidelines around healthy eating.

Who will these regulations affect?

  • Any business with 50 or more employees that sells food and drink either in store or online in England, whether the business is registered in England or not
    • This includes: supermarkets, department stores, florists, garden centres, retail shops at visitor attractions (if they sell pre-packaged goods), retailers at airports and more

There are some exemptions, either for location or volume price, including;

  • As mentioned, small businesses of under 50 employees
  • Schools and colleges that provide education to under 18s
  • Care homes that serve food (if it doesn’t require payment per food item)
  • Food provided by charities
  • OOH / Foodservice sector – even if they sell pre-packed HFSS items – however, there may be limitations when it comes to refills of certain drinks

The OOH sector could potentially include coffee shops, dessert parlours, pubs, hotels and restaurant chains, as well as visitor attraction venues.

However, this is not a comprehensive list, and for more guidance, do visit the Gov.uk website to learn more. Specialist suppliers, vending operators and franchises may all be affected by these changing regulations, and it’s better to be safe than sorry.

What food and drink products are under scrutiny?

As per the government consultation on restricting promotions, the volume price and location restrictions apply to food that is a big contributor to children’s sugar and calory intake, and as a result cause concern in relation to childhood obesity.

There are multiple categories, based on the type of food and drink. Here are some of the products that will be affected are:

  • Drinks with added sugar (from juice to hot chocolate powder, Kombucha, milkshake powders and smoothies)
  • Protein powders – with added sugar
  • Crisps (and lentil/ chickpea equivalents)
  • Granola
  • Chocolate and chocolate covered products (including nuts and dried fruit – though trail mix, nuts and dried fruit on their own are excluded from the scope)
  • Chewing gum
  • Ice Creams
  • Doughnuts, cakes, brownies and muffins
  • Biscuits
  • Cereal Bars
  • Desserts such as pies, crumble, fruit filling and gateaux
  • Yoghurts – or dairy alternatives – that have been sweetened
  • Ready meals (but not retail meal kits)

Volume Price Promotion

Simply put, businesses in scope must not offer financial incentives for multi-buy, or offer a promotion that indicates something in it is free.

There will be a transition period (up to 30 September 2026), where retailers will be allowed to sell through stock (made before October 2025) specifically on-pack promotions where the offer cannot be removed.

Location

As part of these new laws, businesses will also be limited by restrictions on where promotions can run. The rules include avoiding anything near checkouts, store entrances, the end of aisles and queue management areas – targeting valuable impulse buys.

Location restrictions also apply online, from apps to websites and even on pop-up ads not intentionally opened by the consumer. Gifting retailers will also be included in these regulations.

Summary

With six months to go, the countdown is on for retailers and businesses to make sure they’re acting in line with government regulation.

Whether you’re a foodservice operator, or a retailer, it’s better to be safe than sorry!  Price and location restrictions are not all that will be introduced this October, as there will also be restrictions on TV advertising at certain times too. To find out more visit Gov.uk website.

 *Source gov.uk

Caitlin Hynd
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