Retail Restrictions on Foods High in Fat, Sugar and Salt (‘HFSS’): What’s Changing on 1 October 2022

Friday 2nd September 2022

In April and May, we wrote about the new HFSS Regulations.

These come into force on 1 October 2022. This is what they mean for high fat, salt and sugar items.

What types of food are affected?

Pre-packed food which is high in fat, salt or sugar (HFSS), including ice cream, confectionery, cakes, pizza, soft drinks and breakfast goods.

Do the HFSS regulations apply to your business?

Yes, if:

  • you sell pre-packed food to consumers; and
  • have over 50 employees; or
  • you are part of a franchise which has over 50 employees in the whole franchise group.

What are the online High Fat, Sugar and Salt promotion restrictions?

HFSS food cannot appear as a pop-up on a website/app or be displayed on:

  • homepages;
  • checkout pages; or
  • favourite products pages, unless a product is specifically ‘favourited’ by the consumer.

What are the in-store HFSS location restrictions?

Location restrictions only apply to stores with a retail floor space of over 2,000 sq. ft. They prevent HFSS products being displayed at:

  • checkouts;
  • end of aisles;
  • store entrances;
  • queuing areas; and
  • covered external areas.

What are the consequences for non-compliance?

Trading Standards can issue improvement notices which may result in a £2,500 fixed penalty for non -compliance with HFSS restrictions.

If your business is affected by the new HFSS rules, get in touch with our Food and Drink experts Mark Jones, Peter Hampson and Harvey Blake.