How to advertise and promote HFSS foods
Emma Milne
Further restrictions on how to advertise and promote HFSS foods i.e. those high in fat, salt or sugar come into force in October 2025 having been delayed for three years. These come from the Government’s 2018 initiative ‘Tackling Obesity: empowering adults and children to live healthier lives’, The aim is to reduce consumption of less healthy foods and to reduce obesity levels within the population.
What is an HFSS product?
The FSA nutrient profiling model is used to determine whether a product is classified as HFSS. This model uses nutrition data and ingredient information to determine a total nutrient profile score. Foods or beverages scoring 4 or more are classified as ‘less healthy’ https://www.gov.uk/government/publications/the-nutrient-profiling-model
Do the restrictions affect all HFSS foods?
No, only pre-packed HFSS products in these categories are included in the scope of the restrictions:
- soft drinks
- cakes
- chocolate confectionery
- sugar confectionery
- ice cream
- morning goods
- puddings
- sweet biscuits
- breakfast cereals
- yoghurts
- sweetened milk-based drinks
- sweetened juices
- pizza
- ready meals
- meal centres, including breaded and battered products
- crisps and savoury snacks
- chips and potato products
It does not include foods that are pre-packed for direct sale or foods sold loose.
What are the restrictions on promoting HFSS foods?
Since October 2022, businesses have not been allowed to locate HFSS foods at:
- front of stores
- aisle ends
- by checkouts
- on website landing pages
- website payment pages
Exemptions:
- Stores that are smaller than 185.8 sq. metres
- Specialist stores such as chocolate shops or cake shops
- Micro and Small businesses with less than 50 or fewer employees
From 1st October 2025, businesses in England will not be permitted to:
- run promotions offering multibuy promotions such as ‘buy one get one free’ or ‘3 for 2’ offers on products that are classified as HFSS products.
- Offer free refills on certain sugary drinks
Exemptions:
- Micro and small businesses with less than 50 employees
- Products sold out of home e.g. takeaways and restaurants
- The out of home sector does not need to comply with location and volume price regulations but must comply with the restrictions on the free refills promotion of certain drinks.
N.B Other businesses that offer free drink refills such as garden centres, supermarkets, convenience stores (that may be exempt from other requirements) are within scope of the free refill restrictions if they are offered.
What are the restrictions on advertising HFSS foods?
There are already restrictions in place for the advertising of HFSS to children, but these are now being extended.
From 1st October 2025, these changes will come into force:
- There will be a 9 pm watershed for TV and on-demand ads and a total ban on paid-for adverts online featuring products high in fat, sugar, or salt (HFSS) . This includes Internet Protocol Television (IPTV), which delivers television live over the internet.
- Ad restrictions will apply to business involved with the manufacture or sale of food.
Restrictions that will apply to all paid-for online HFSS advertising are aimed at reducing children’s exposure and mitigate the migration of ads from TV to the internet. Examples given include:
- Banner ads on news websites, apps, games, and cookery newsletters
- Video ads served before or during on video sharing sites
- In-feed advertising on social media
- Sponsored links on search engines
- Sponsored listings on food delivery services
- Influencer posts paid for/sponsored by an advertiser
- Web widgets, such as those located on the sidebar of websites
- Advertorials or advergames.
Exemptions:
- Brand advertising
- Businesses with less than 250 employees
- Online business-to-business ads – allowing wholesalers to continue advertising their products online to customers.
- Broadcast radio and audio-only advertising (for example) podcasts.
Who will enforce the new rules?
The promotion restrictions will be enforced by local authorities and advertising restrictions by ASA and Ofcom
Is there any further information available?
Comprehensive guidance on the regulations on both Promotions and Advertising has been published by the Department of Health and Social Care.
If you require assistance calculating the nutritional profile score of the products that you sell and determining if they or your operation falls within the scope of the restrictions, contact Safer Food Scores.
Any guidance given in our articles is not official and Safer Food Scores can take no responsibility if the information is used to form part of any legal or regulatory compliance for your business. However, please do get in touch if you are interested in our support services and would like to benefit from official guidance relating to your particular circumstances, email [javascript protected email address]
