Brought into place in October 2022, HFSS (high fat, sugar, and salt) regulations dictate where and how certain stock can be merchandised in stores. This has had huge implications for retailers of all kinds – and certainly caught the attention of specialist confectionery businesses.
Products that are considered unhealthy and are sold in physical stores in particular are impacted by the regulations. They aim to reduce the visibility and appeal of less healthy foods to aid public health and combat obesity.
The food products targeted are those that have a score of 4 or higher according to the Food Standards Agency’s nutrient profiling model (NPM), whilst a score of 1 will see drinks categorised. Confectionery, including sweets and chocolate, crisps, and soft drinks with added sugar are among the categories that are classified as HFSS and many retailers are required to merchandise them differently. You can quickly and easily calculate a product’s NPM score from the Consumer Data Research Centre here.
Since the introduction of the HFSS measures, retailers can no longer stock high-sugar confectionery in every area in-store. Businesses can no longer shelve confectionery near the checkout, on promotional ends or at store entrances. To maintain sales, many retailers have had to adapt the way that they stock their stores.
This may sound like curtains for confectionery retailers – given that a vast majority of the lines they stock will be HFSS. However, there are exceptions and exemptions for specialist retailers – typically those selling products from a single category.
The HFSS regulations apply to retailers that either have 50 or more employees or a selling space that exceeds 185.8 square metres. These include symbol and franchised stores alongside medium and large retailers of prepacked foods. Restrictions apply to online retailers, too, with websites also required not to prominently promote HFSS products – again, specialist online stores are exempted.
In-store, HFSS stock can no longer be displayed in a range of high-profile locations. These include store entrances, aisle ends and near checkout or queuing areas. Typically, stock is not permitted within two metres of these points in-store.
Specialist retailers, defined as those that only or mainly sell foods within a single category, are exempt from the location restrictions of the regulations. This means that many confectionery specialists are most likely unhindered – but specialist stores are designated on a case-by-case basis. Enforcement officials will consider the individual circumstances of each store. However, specialist stores must still comply with the volume price promotion restrictions, whilst online and in-store signage and marketing must still comply.
Set to come into place on 1 October 2025, volume price promotion refers to any offer that offers shoppers a discount when stock is bought in multiples. Alongside ‘buy one get one free’ offers, this includes percentage savings, ‘buy 2 for £2’, ‘3 for the price of 2’, offers dictated by weight, and any other offer that promises anything for free. Offers in which HFSS products can still feature are limited to ‘relevant special offers’, given that they are offering a ‘complete’ meal, rather than the chance to stock up at home. Therefore, ‘dine in for 2’ type offers are permitted, but the most relevant for confectionery items is the meal deal – traditionally consisting of a main, snack or sweet treat, and drink format – is also allowed.
HFSS regulations may feel like the end of in-store promotional bays, however this is not the case. Providing that they are not in too close proximity to high-footfall or prohibited spaces in-store, they are still allowed. Placing promotional bays mid-aisle is still an effective way of highlighting stock that you want to push but remains within the HFSS regulations.
If a company is found to fall foul of regulations, improvement notices will be served – after which fines may be issued if problems are not resolved. In the event that a business is served an improvement notice or hit with a fine, it does have the right to appeal.
It may be obvious, but the simplest way to remain compliant with the HFSS regulations is to be aware of the rules, how they apply to your business, and whether you are exempt – full details of the restrictions can be found here.
When adding new stock or refreshing the layout of your store, it is always important to be aware of the regulations. Having been updated already, it is important to stay informed to avoid being caught out. It is good practice generally to sporadically check that your business is in line with regulations.
Manufacturers have not ignored these changes, as we have seen new lines introduced that meet the requirements and are non-HFSS. For instance, the Rowntree’s Safari Mix and Berry Hearts, offer the same juicy and fruity treats that the iconic brand is famed for – but they are not classed as HFSS! The same can be said for a selection of sugar-free confectionery too, but it is important to check stock regardless of category. Given that NPM scores are assessed per 100g rather than portion size means that even lighter options that are often seen as healthier may not be in regulation.
Looking to these non-HFSS variants to populate restricted areas is a safe way to offer answers to shoppers’ impulses. Especially given that traditional high-sugar favourites are restricted when it comes to their promotion. Of course, if you are a specialist business this will not apply, but it is certainly a way to contend with the regulations for businesses with more diversity in their range. No matter whether your business is classed as a specialist retailer or not, it is important to be aware of the regulations and their implications on your business. With changes to online advertising slated to come into force on October 1st 2025, there may well be more changes in regulations before then.
