New government guidelines came into force in October 2022 placing limitations on the promotion of products containing high levels of fat, sugar and salt (HFSS). But many food and drink brands are still uncovering the full impact of HFSS laws on their business.

To help you understand what HFSS means for your products and adapt to current and future legislation, we've put together a quick introductory guide: 

What does HFSS stand for?

HFSS is an acronym for high (saturated) fat, sugar and salt foods, which the UK government wants to clamp down on the sale of as part of its Tackling Obesity strategy.  Around two thirds of British adults are currently above their healthy weight, and officials are also concerned about rising levels of childhood obesity.

To help lower the number of people suffering from chronic conditions linked to obesity – such as type 2 diabetes and cardiovascular disease – and relieve the strain they place on the NHS, the Department of Health is looking at ways to help people make healthier choices. One of which is placing restrictions on the promotion of foods that are high in saturated fat, sugar and salt.

Industry research has found that people typically buy 20% more food when it’s on promotion. And consumers are being subjected to more promotions than ever: around 40% of all the food and drink purchased in Europe is either on offer or part of a high volume promotion such as 3 items for the price of 2.

What’s restricted under HFSS guidelines?

HFSS regulations stop retailers and hospitality venues from launching high-profile in-store, out-of-home and online promotions on high fat, salt and sugar products.

In October 2022, the UK government introduced legislation preventing: 

• The promotion of HFSS food and drink at store entrances, aisle ends and within two metres of checkouts/queuing points
• Online HFSS promotions on prominent web pages such as food category landing pages, homepages and basket/payment pages

From October 2025, further laws will be rolled out, banning: 

• Multi-buy offers on HFSS products such as buy-one-get-one-free or 3 for 2
• Free refills of sugar-sweetened drinks in restaurants and cafes
• TV adverts for HFSS foods before 9pm
• Paid-for online advertising campaigns for HFSS products

However, micro/small businesses with fewer than 50 employees and stores smaller than 2,000 square feet (including chain/franchise stores) will be exempt from HFSS guidelines.

Which products fall under HFSS guidelines?

The government is targeting pre-packaged food and drink categories with HFSS restrictions. Affected products include:

• Biscuits
• Breaded/battered products
• Breakfast cereals
• Cakes
• Chocolate confectionery
• Chips and similar potato products
• Crisps and savoury snacks
• Ice cream
• Juice-based drinks with added sugar
• Milk-based drinks with added sugar
• Morning goods (e.g. pastries)
• Pizza
• Puddings
• Ready meals
• Soft drinks
• Sugar confectionery
• Yoghurts

Promotions are affected when goods are sold through a specialist retailer stocking one food category – for example, sweet shops and chocolatiers.

How are HFSS products calculated?

Exactly what constitutes a high fat, salt or sugar product is determined by the Department of Health’s Nutrient Profiling Model.

Any product scoring 4 or more (food) or 1 and above (drink) will be categorised as HFSS and therefore subject to promotional restrictions.

Is there a penalty for non-compliance?

The food and beverage industry has had longer than expected to prepare for HFSS, as several of the regulations due to be introduced in 2022 have been delayed until 2025.

Any retailers or hospitality venues found to be non-compliant with HFSS guidelines can be issued with a stop notice or improvement notice by local authorities. Any business that does not respond to this notice may be subject to a fixed monetary penalty.

How can food brands meet HFSS requirements?

While the restrictions target retailers, there is a significant knock-on effect for any food or drink brands with products that fall into HFSS categories. These brands need to think carefully about how promotional restrictions impact sales – and whether reformulating their products to avoid HFSS restrictions is the best course of action.

HFSS also heavily impacts new product development (NPD), encouraging food & beverage companies to develop products that are lower in saturated fat, salt and sugar.

Many companies are choosing to work with a regulatory agency that understands the ins-and-outs of HFSS, who can help them meet requirements and even develop a strategy for lowering their Nutrient Profiling Model score.

As a specialist food compliance agency, Hooley Brown helps brands understand HFSS. If you'd like 1:1 support with calculating your HFSS scores and developing a strategy for healthier product development, book a discovery call with our Director, Clare Daley.

This blog post was written in April 2022 and updated in September 2024. Facts were correct at the time of writing.