In 2021, the Government introduced new regulations on high fat, salt, and sugar (HFSS), with the intention of reducing the availability of HFSS products to customers, such as high sugar soft drinks, confectionery, cakes, savoury snacks, cereal, biscuits, ready meals, and more.
The regulation to ‘restrict the placement of HFSS product categories in high footfall areas of an affected store, like checkouts, end-of-aisle units, store entrances, and designated queueing areas’, was introduced in 2022; In October, a new restriction will come into play, whereby retailers must ‘reduce the availability of products high in fat, salt and sugar (HFSS) bought through volume promotions like buy one get one free offers.
Convenience retailers’ obligations under these regulations depend on the number of employees in their business and the size of their selling space in store(s). If a retailer has less than 50 employees, and doesn’t operate any part of your business as a franchise / member of a symbol group, then they are exempt from these regulations. Similarly, floor space will also impact the regulations retailers will need to follow.
Here is a brief overview of the new restrictions coming into play in October 2025, as well as those already in place, and how it will affect you:
What is a volume promotion?
Volume promotion restrictions will apply to multibuy and extra free promotions on HFSS products for convenience retailers with 50 or more employees, regardless of their floor area.
For example, ‘3 for £10’, ‘Buy 6 and save 25%’. However, volume promotions such as breakfast deals or meal deals will, multipacks, and on-pack promotions can still be offered.
Location restrictions
Convenience retailers with more than 50 employees and relevant internal floor area (sales space) of over 2,000 sq. ft (185.8sqm) cannot display HFSS products within certain distances of checkouts and designated queuing areas, on end-of-aisle units, and near store entrances from October 2022.
- Retailers cannot display HFSS products within a 2.4m radius of the store entrance.
- Retailers cannot place HFSS products on end-of-aisle units.
Correct labelling
Convenience retailers, not suppliers, are liable if HFSS products are not correctly promoted or displayed in their stores. Failure to correctly identify products as HFSS could result in enforcement action.
Retailers should consult with their suppliers to determine which products are HFSS and even third party providers if they are unsure.
To find out more about how HFSS restrictions impact retailers, you can find a full report here on the ACS website – Assured Advice Guide.
