Beyond the Ban: Creative Solutions for Advertising HFSS Products Under New Regulations

Existing and forthcoming HFSS restrictions

Promotion and Placement:

1. Since October 2022, HFSS (High Fat Sugar & Salt) products have been prohibited from being placed in prominent locations within stores, such as checkouts, aisle ends, and store entrances. These restrictions also apply to equivalent key locations online, like homepages or landing pages.
2. These location restrictions apply to medium and large retailers with 50 or more employees and a store size exceeding 185.8 square meters (2,000 square feet). Specialist retailers focusing on specific product categories may be exempt from these location restrictions but must comply with volume price promotion restrictions.
3. Volume Price Promotions: Starting October 2025, HFSS products will also face restrictions on volume price promotions, such as "buy one get one free" offers or similar multibuy deals. This will apply both in-store and online.

These restrictions aim to reduce the appeal of purchasing larger quantities of HFSS products at discounted rates.

Advertising

From October 1, 2025, the advertising channels that will be restricted for HFSS (high-fat, sugar, and salt) products in the UK include:

1. Television: Advertisements for HFSS products will be banned from being shown on TV before 9 pm. This restriction applies to all programming, regardless of the audience's age or the type of programming.
2. Online Advertising: There will be a complete ban on paid-for online advertisements for HFSS products. This includes all forms of digital advertising that require payment, such as display ads, video ads, and sponsored content across various online platforms

These restrictions are part of the UK's efforts to tackle childhood obesity by reducing exposure to unhealthy food and drink options. The regulations will apply to specific HFSS products identified by their nutrient profile, and further guidance on product categories is expected from the government

Regional Variations

England

The restrictions on the placement of HFSS products in prominent locations came into effect in October 2022.

Volume price promotions will be restricted starting in October 2025.

Scotland

Scotland is developing its own HFSS legislation, which may differ from England's regulations. The Scottish government has consulted on potential rules that could include different categories of food and additional restrictions on promotions.

The specific details of these regulations are still under consultation and development.

Wales

Wales plans to implement restrictions similar to those in England but with additional measures. These include extending the categories of restricted foods and imposing further limitations on temporary price reductions and meal deals.

The Welsh government has also proposed banning free refills of sugary drinks and restricting the placement of HFSS products in high-traffic areas within stores.?

Northern Ireland

As of now, Northern Ireland has not announced specific HFSS regulations. The English regulations do not automatically apply there, so any future restrictions would need to be developed independently.

?These regional variations mean that businesses operating across the UK will need to navigate different compliance requirements depending on the location. It may be necessary for companies to adopt region-specific strategies or harmonize their practices to meet the most stringent requirements across all regions.

Recommendations for Food & Drink Manufacturers

So what can Food & Drink manufacturers do to navigate this ban whilst ensuring they are part of the solution rather than continuing the problem. Here are a list of options that manufacturers could explore:

• Reformulate Products: Consider reducing the levels of fat, sugar, and salt in existing products to bring them below the HFSS threshold. This can allow products to be marketed more freely without restrictions.
• Develop Healthier Alternatives: Invest in the development of new product lines that meet healthier nutritional standards, providing more flexibility in marketing and placement.
• Strategic Promotion | Focus on Non-Restricted Products: Shift promotional efforts towards products that do not fall under HFSS restrictions. Highlight their health benefits and align them with current consumer health trends.
• Leverage In-Store Marketing: For products that remain restricted, use compliant in-store marketing techniques such as informative displays or recipe suggestions that encourage healthier consumption patterns.
• Innovative Placement Strategies |Optimize Shelf Space: Work with retailers to ensure optimal placement of non-HFSS products in high-traffic areas. Use attractive packaging and clear labeling to draw attention.
• Utilise Technology: Explore digital shelf technology and personalised shopping apps that can recommend healthier options directly to consumers.
• Adapt Advertising Tactics | Digital-Only Audio Ads: Use digital audio platforms for targeted advertising campaigns that comply with HFSS restrictions. Focus on creating engaging audio content that builds brand affinity.
• Consumer Education and Engagement | Educate Consumers: Launch educational campaigns highlighting the benefits of reduced HFSS consumption and how your products align with healthier lifestyle choices.
• Engage with Feedback: Use consumer feedback to guide product development and marketing strategies, ensuring alignment with evolving consumer preferences.
• Content Marketing and Storytelling: Develop content that tells a compelling story about the brand's commitment to health and wellness, focusing on sustainability or community initiatives.
• Regional Compliance and Strategy | Stay Informed on Regional Regulations: Keep abreast of the specific HFSS regulations in each UK region and tailor strategies accordingly to ensure compliance.
• Collaborate with Retailers: Work closely with retail partners to implement region-specific strategies, such as adjusting promotions or placements based on localised regulations.

Summary

The evolving landscape of HFSS restrictions presents both challenges and opportunities for advertisers and food manufacturers. By embracing reformulation, strategic promotion, and innovative placement strategies, businesses can not only comply with these new regulations but also position themselves as leaders in promoting healthier consumer choices. Leveraging digital-only audio ads and focusing on consumer education can further enhance brand affinity and engagement. As regional variations require tailored approaches, staying informed and collaborating with retail partners will be crucial for navigating this complex regulatory environment successfully. Ultimately, these strategies will help brands contribute positively to public health goals while maintaining a competitive edge in the market.