What’s next for UK HFSS regulation?

Overview of HFSS regulation 

The current and forthcoming HFSS restrictions can be summarised as follows:

• The UK CAP Code prohibits advertisements for HFSS products in non-broadcast media directed at under 16s or where more than 25% of the audience is under the age of 16, whereas the UK BCAP Code prohibits advertisements for HFSS products in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 16. Where non-broadcast or television advertisements for HFSS products target pre-school or primary school children, they cannot include promotions, or licensed characters or celebrities popular with children.
• The Food (Promotion and Placement) (England) Regulations 2021 set out restrictions on placing HFSS products in certain locations in physical stores and online shops and ban multibuy promotions for HFSS products. While the location restrictions entered into force on 1 October 2022, the multibuy promotion ban was postponed and is due to come into force on 1 October 2025. These regulations apply in England only but equivalent rules are due to be introduced in Wales and Scotland next year.
• Amendments to the Communications Act 2003 introduced UK-wide restrictions on advertising HFSS products on TV and Ofcom-regulated on-demand programme services between 5:30am and 9pm, as well as a ban on paid-for online advertising of HFSS products. These restrictions were initially due to become effective on 1 October 2025 but will now enter into force on 5 January 2026 to give the Government more time to clarify that pure brand advertising (i.e. the promotion of a brand where there are no HFSS products featured in the ads) is out of scope of these restrictions.

Changes to HFSS regulation

On 3 July 2025, the Labour Government published its 10 Year Health Plan for England (the “Plan”). While focusing primarily on reforming the NHS, the Plan also sets out the Government’s plans to improve the health of the population more broadly. This includes proposals for ending the “obesity epidemic”, noting that obesity rates have doubled in the past three decades with around a fifth of children now leaving primary school with obesity.

The Plan states that the Government will prioritise “smart regulation”, announcing that it will be the first in the world to introduce mandatory health food sales reporting for large companies and promising to do so by the end of the parliamentary term. This is intended to improve transparency in the food industry to help consumers choose, and investors invest in, healthier foods. These figures will then be used to set mandatory targets to increase sales of healthier foods. As the targets will relate to products sold, companies will be able to meet these targets in a number of ways, e.g. by reformulating existing products, introducing new products or changing customer incentive and loyalty schemes. This suggests that the targets will be expressed as a proportion of total sales.

The Government goes on to say that, given its outcome-focused approach to regulation, it expects to repeal the restrictions on aisle placement and multibuy promotions for HFSS products, which were introduced by the previous Conservative Government.

Another important development for companies that are manufacturing products which are close to being categorised as HFSS is the statement that the Model is “plainly out of date” and will be updated, resulting in an estimated reduction of obesity cases by nearly 170,000. This indicates that the Model will be made stricter and that many products currently deemed non-HFSS will come within scope of the restrictions. Even if the restrictions on location and multibuy promotions are scrapped in due course, an update to the Model would remain relevant for the HFSS regulations covering advertising.

What does this mean for businesses?

The new plans referred to in the Government’s 10 Year Health Plan for England lack in detail, but it is clear that they would represent a shift in the approach taken to the regulation of HFSS products. While the advertising restrictions appear to be unaffected, the Plan suggests that all or most of the restrictions on location and multibuy promotions will be revoked, with new regulations put in place to increase transparency and eventually require companies to proportionally reduce sales of less healthy food and drink products. At the same time, an update to the Model would likely result in more products being classified as HFSS and therefore be subject to advertising restrictions.

While revoking restrictions on pricing and visibility of HFSS products will be welcomed by some, businesses that have already reformulated their products to fall outside of the HFSS regulations may be less pleased with some of these developments, as further reformulations may be required to avoid the restrictions. Meanwhile, the new focus on outcomes will provide businesses with a degree of flexibility and freedom in managing their promotional activities and product portfolios. However, it is likely that, over time, businesses will have no choice but to adapt and shift their focus towards healthier product ranges. The introduction of regulation will at least ensure a level playing field while businesses grapple with this new reality.

Authored by Richard Welfare and Micaela Bostrom.