Industry Insights – a look at HFSS

High Fat, Salt and Sugar (HFSS) foods have been a staple in global diets for many years.
Offering both convenience and taste, but often at the expense of nutrition, they’re increasingly coming under the spotlight of governments who are looking to impose tougher regulations and curb unhealthy eating habits.
In the UK, restrictions have been tightened on HFSS food promotions, including bans on multi-buy deals and advertising limitations.
It leaves food manufacturers facing the challenge of having to quickly adapt or reformulate products and retailers having to adjust how they promote them, particularly with new rules impacting product placement and online advertising.
The new rules were due to come into effect for advertising of Less Healthy Food and Drink products on television and online this Autumn but this has now been delayed for the second time. The delay is likely to be to January 2026 due to concerns over legal loopholes and confusion over enforcement guidelines, particularly regarding brand-only advertising.
According to the Food & Drink Federation, the Welsh Government will implement regulation restricting the promotion and placement of HFSS products in March 2026. Measures will be consistent with those in place in England.
The Scottish Government is also considering restrictions on the promotion and placement of HFSS products.
Below, Menna Breeze, Product & Innovation Developer for Radnor Hills, gives her expert view on HFSS and what you need to know about the latest guidance.
 
What are HFSS foods?
With their high calorie density and low nutritional value, HFSS foods are classed as ‘less healthy’ and have been linked to obesity, diabetes and cardiovascular disease.
The Food and Drink Federation uses a nutrient profile model to identify foods and drinks that are high in fat, salt and sugar. A score of 4 or more for food and 1 or more for beverages is typically considered HFSS.
In 2019, the government consulted on restricting the promotion of HFSS products by volume price – such as buy-one-get-one-free, and location, online and in store.
The restriction of HFSS products by location came into force on 1st October 2022 and was expected to come into force on 1^st October this year by volume price. The government has now delayed HFSS advertising restrictions until 2026.

 
What is the latest guidance?
Phase two of HFSS is due to apply to price promotions and advertising.
One of the main considerations is that the new rules prohibit advertisements for identifiable HFSS products from being placed in paid-for space in online media at any time.
 
What about in-store sampling? 
Vouchers don’t necessarily fall under the definition of a volume price promotion if they don’t involve offering the food for sale. Similarly, free samples are outside of scope if they:
* Are not in a pre-packed item
* Do not involve offering the food for sale
However, if specified food associated with such vouchers or free samples is prepacked and offered in the store as part of a volume price promotion or placed within the restricted area, this is prohibited by the regulations.
 
How about online restrictions for location promotions?
Businesses in scope of the regulations must not promote food in scope online (including in apps), in locations equivalent to those in stores, where location promotion restrictions apply.
These restrictions don’t apply to specialist stores that would otherwise be considered a qualifying business, but which only or mainly sell food from a single category in schedule 1 – for example, an online cake shop or specialist shops for chocolate or sweets.
The restrictions only apply to qualifying businesses selling food online in England.

Restricted locations online
A qualifying business must not offer for sale specified food on an online marketplace in the following ‘locations’:
* The homepage of a website (whether or not the consumer enters the online marketplace via the homepage). An image of a specified food that a consumer could add to their shopping basket from that point on a homepage – for example, via an ‘add to basket’ icon – would not be permitted as this would be the equivalent of the placement of a product in the store entrance area of a physical store. However, an image of a specified food signposting to a taxonomy page that may have specified food on or not (including category pages that are ‘offers’ pages) is permitted on a homepage.
* When a consumer is searching or browsing for products other than schedule 1 food, unless certain instances apply.
* While a consumer is searching for or browsing schedule 1 food, unless the specified food falls within the same schedule 1 category or certain instances apply.
* On a page not opened intentionally by the consumer, such as a pop-up page or a brand burst – for example, when customers are proceeding to payment, there must not be a promotion (pop-up or under, or otherwise) of a HFSS or ‘less healthy’ food, even if the customer purchased this item on their last shop or it is a favourite item. This restriction also covers pop-ups that may appear when a consumer is browsing a schedule 1 category page, even if the pop-up is promoting the same schedule 1 food – for example, a pop-up promotion of a biscuit cannot appear while a consumer is browsing the ‘biscuits’ page.
* On a ‘favourite products’ page, including ‘recommended for you’ pages, unless the consumer has previously purchased the specified food (whether in store or online) or intentionally identified it as a favourite product. However, specified food must not be given greater prominence than other products on a ‘favourite products’ page. For example, within the list or grid of favourites, a specified food cannot be made bigger, ‘flashier’ or given special prominence in other ways over other products. Specified food flavour variants, different pack sizes, other products within the same category, or any other products that have not been previously purchased or identified by the consumer are not permitted to be promoted within the ‘favourites’ page because they have not been previously purchased or intentionally identified as favourite products. If a favourite product is out of stock, a substitution can only be made if the product suggested as a substitute is a homogenous product and not a variation. (A homogeneous product is one that cannot be distinguished from competing products from different suppliers. The product has essentially the same physical characteristics and is the same quality as similar products from other suppliers on a checkout page.) This covers all checkout pages when the customer views their basket, either on a dedicated page, as a trolley bar on the side of the screen, mini trolley pages or hover icons, or any pages while a consumer proceeds to make a payment. If a ‘favourites’ page is part of the checkout flow, the ‘favourites’ page restrictions apply to this page.

Volume price promotions of specified food must not be offered anywhere on a retailer’s site.
The regulations prevent specified food being offered for sale online while a consumer is searching or browsing products other than schedule 1 food.
 
In conclusion
The HFSS food industry is going through dramatic changes as regulations impact both the behaviour of the consumer and corporate strategies.
It’s a challenging time, but it’s also an opportunity for brands to be innovative and to align with today’s growing health-conscious customers.
The brands that adapt to these challenges and changes will be the ones that are in the best position to thrive in tomorrow’s marketplace.
 
Where to find out more about HFSS
To find out more, it’s worth looking at these articles from the ASA, which refer to HFSS foods as LHF.
Media restrictions on advertisements for “less healthy” food and drink products: consultation update – ASA | CAP
LHF-consultation-2.pdf
Introducing further advertising restrictions on TV and online for products high in fat, salt and sugar: government response – GOV.UK