HFSS product restrictions to be delayed by a year

The question

When are the incoming HFSS restrictions now set to come into force?

The key takeaway

Restrictions on placing HFSS products in prominent locations (in store or online) will still be coming into force in October 2022, however all other restrictions are to be delayed by a year.

The background

As reported in our Spring 2022 Snapshots, the UK government has been planning to introduce a wide range of restrictions on the advertising and sale of food and drinks high in fat, salt or sugar (HFSS). These measures are part of the UK government’s plan to improve the health of individuals, particularly young people, especially with regards to reducing obesity. The measures were to be introduced through the Food (Promotion and Placement) (England) Regulations 2021 and the Health and Care Bill.

The development

Most of the planned restrictions have now been delayed by a year. According to the Department of Health and Social Care, this is “to allow the government to review and monitor the impact of the restrictions on the cost of living in light of an unprecedented global economic situation”. The prohibited actions, and the date they are each now set to be introduced, are as follows:

• The Food (Promotion and Placement) (England) Regulations 2021 (the Regulations) Will be coming into force in October 2022 as planned, which imposes restrictions on:
• placing HFSS products in prominent in-store locations (eg at checkouts or the ends of aisles); and
• placing HFSS products in prominent online locations (eg on home or payment pages).

Restrictions on the following will be delayed from October 2022 until October 2023:

• volume price promotions (eg “buy one get one free”, “3 for 2”) on HFSS products, both in-store and online; and
• free refills on certain non-pre-packaged sugar-sweetened drinks in-store.
• There will be a delay in the Health and Care Bill coming into force from January 2023 to January 2024, which imposes restrictions on:
• advertising HFSS products on TV (including On Demand Programme Services) between 05:30 and 21:00; and
• paid-for advertising of HFSS products online.

Why is this important?

The government has cited the “unprecedented global economic situation” as its reason for delaying the introduction of many of the restrictions. Whilst the pause is likely to be well received within the food and drink sector, the choice to continue with the restrictions on the prominent placement of HFSS products highlights the government’s continued commitment to tackling less healthy foods and drinks. However, the delay buys more time for businesses concerned about the impact of the impending prohibitions, albeit noting that the Regulations will not apply to all businesses (eg those with 50 employees or less), nor will the Health and Care Bill (eg small and medium enterprises).

Any practical tips?

Though the delay marks a willingness on the part of the government to factor the current global economic situation into its policy-making plans, it should not be read as a shift in policy. As such, businesses should continue to prepare for the introduction of the restrictions. They are still coming into effect, just not for a little while yet.

Summer 2022