The HFSS Legislation and Its Impact

Why is the HFSS legislation in place?

When is the HFSS Legislation Coming into Place?

The legislation has been introduced in phases, with some restrictions already active and others delayed or under further review. Understanding the timeline is crucial for businesses in hospitality, retail, and food production to stay compliant and ahead of upcoming changes.

What’s already in effect

October 2022 marked the introduction of the first phase of the legislation:

• Placement restrictions came into force for large retailers in England (50+ employees or over 2,000 sq ft).

• HFSS products can no longer be promoted in:

• Store entrances

• Checkout areas

• End-of-aisles

• Online equivalents (homepages, checkout pages, etc.)
  
  

This shift forced supermarkets and food outlets to rethink product placement strategies and shelf layout.

What’s been delayed

Two key elements of the legislation have been delayed, largely due to industry pushback, economic concerns (particularly around inflation), and the need for further consultation:

1. Volume-based promotion ban

• Ban on multi-buy promotions like “Buy One Get One Free” (BOGOF) or “3 for 2” deals on HFSS products

• Originally set for October 2022, it is now delayed until October 2025
  
  

2. Advertising restrictions (Pre-watershed and online)

• Aimed at banning paid HFSS advertising on TV before 9pm and across paid digital media (including social platforms and programmatic ads)

• Originally planned for January 2023, this has also been pushed back to January 2026

What this means for the industry

While some rules are already being enforced, the delayed components give brands and operators more time to:

• Reassess their promotional strategies

• Adapt digital marketing plans

• Reformulate products to fall outside HFSS thresholds

It’s also important to stay informed, as the timeline may shift again depending on government reviews and changing priorities.

 

How Does the HFSS Legislation Impact Advertising?

The new legislation introduces strict advertising restrictions on products considered high in fat, salt, or sugar. These changes are designed to reduce the exposure of unhealthy food and drink promotions, particularly to children and young people, but they also reshape how hospitality and F&B brands can advertise online and on TV.

TV advertising

Pre-9pm Ban (Coming October 2025)

From October 2025, there will be a complete ban on HFSS product advertising before 9pm (the ‘watershed’) on broadcast TV and on-demand services. This includes:

• Branded TV ads promoting HFSS products

• Sponsorships for HFSS items

• Product placement in cooking shows, game shows, or family-friendly programmes
  
  

This has significant implications for hospitality brands or QSR (Quick Service Restaurant) chains that have previously relied on TV for reach and awareness, especially during daytime or early evening slots.

Online advertising

Paid Media Ban (Coming October 2025)

The legislation will also ban paid online advertising of HFSS products. This includes:

• Google Ads, display banners, and PPC campaigns

• Paid social ads on platforms like Facebook, Instagram, TikTok, and YouTube

• Influencer content if the brand has paid for or incentivised the promotion
  
  

The restriction applies regardless of targeting; even if your ads aren’t aimed at children, they will be banned if they promote HFSS products through paid channels. However, non-paid content (like organic social posts or email marketing) is not affected. That said, all content is still expected to comply with CAP Code and ASA guidance, and care should be taken to avoid indirect targeting of under 16s.

What’s still allowed?

While the rules are tightening, there are still some exemptions and alternatives:

• Brand-only ads (e.g. an ad about your brand or restaurant, not a specific HFSS item)

• Non-HFSS product ads: for example, promoting water, salads, or menu items that pass the nutrient profiling model

• Owned media: such as your website, emails, and organic social posts (though care must be taken to avoid targeting children)

Key takeaways for hospitality marketing

• From October 2025, your TV and paid online ads must not promote HFSS menu items

• Menu engineering and content planning will be critical: you may need to highlight different products or adjust your messaging

• Organic content strategies will become more important as paid HFSS promotion is restricted

• Hospitality brands should audit all digital and ATL campaigns now to prepare and avoid last-minute disruptions

Who does the HFSS legislation impact?

The HFSS legislation has wide-reaching implications across multiple sectors, especially within retail, hospitality, F&B, and advertising. It is designed to reduce the public’s exposure to foods high in fat, salt, and sugar, and as such, any business selling, marketing, or promoting HFSS products may be affected.

Retailers

Large retailers, particularly those with over 50 employees, are most directly impacted, especially in terms of:

• In-store product placement restrictions (e.g. no HFSS products at checkouts or aisle ends)

• Volume-based promotions such as ‘Buy One Get One Free’ or multibuys on HFSS items

• In-store advertising and signage promoting HFSS products
  
  

Convenience stores, supermarkets, and large franchises must review both their store layouts and promotional strategies.

Hospitality & food service businesses

Restaurants, fast food chains, pubs, cafes, and takeaways that advertise HFSS menu items will be subject to restrictions, especially on:

• Paid digital ads (e.g. Google Ads, Meta ads)

• TV and streaming promotions

• Influencer campaigns and paid partnerships
  
  

Even if these businesses don’t physically display products on shelves, their marketing activity will be impacted if they promote HFSS menu items through paid media.

Advertisers & agencies

Marketing agencies, digital advertisers, and media buyers must adapt campaign strategies to comply with HFSS restrictions. This includes:

• Adjusting creative to focus on non-HFSS items or brand-level messaging

• Reconsidering influencer and paid media approaches

• Supporting clients through compliance checks and updated audience targeting strategies

Food & drink brands

Brands producing or distributing HFSS products, from crisps and chocolate to sugary drinks and high-fat meals, are at the centre of this legislation. They’ll need to:

• Reassess marketing calendars

• Pivot campaigns towards non-restricted products

• Consider reformulation if aiming to promote products freely

Consumers & influencers

• Consumers will likely see fewer promotions for unhealthy items, especially children and families who were previously exposed via media.

• Influencers and content creators who work with food and beverage brands must be cautious if their posts are paid and feature HFSS items, as they will fall under the same advertising restrictions.

How to Remain HFSS Compliant

For hospitality, F&B, and retail brands, remaining compliant with HFSS regulations requires a strategic shift in how products are marketed, positioned, and promoted. Whether you're running a restaurant, managing a retail chain, or creating ad campaigns, here’s how to stay on the right side of the legislation:

Understand what counts as HFSS

The first step is knowing what products are classed as HFSS. These are foods and drinks that score above a certain threshold under the UK’s Nutrient Profiling Model - typically high in saturated fat, salt and sugar. Common examples include:

• Fried foods

• Crisps and snacks

• Cakes, biscuits and desserts

• Sugary soft drinks

• Some burgers, pizzas, and sandwiches

Adjust Your Paid Advertising Strategy

From Google Ads to Meta campaigns, HFSS legislation restricts the paid promotion of qualifying products. This includes:

• Search ads

• Display banners

• Video pre-rolls

• Sponsored influencer content

To remain compliant:

• Avoid directly promoting HFSS products in paid media.

• Focus on brand-level or non-HFSS offerings (e.g. “our new grilled chicken wrap” instead of “double cheeseburger and fries”).

• Use contextual targeting rather than behavioural targeting for food ads.

Rethink influencer & social campaigns

If you're working with influencers or running paid social campaigns:

• Clearly brief influencers not to promote HFSS items in paid posts.

• Label posts correctly to distinguish between organic and paid.

• Focus influencer content on venue experience, atmosphere, non-HFSS menu items or brand storytelling.
  
  

Unpaid or organic content is not restricted in the same way, but caution is still advised when high fat, salt, or sugar items are featured. 

Reassess in-store promotions (if applicable)

If your business includes a retail element:

• Avoid volume promotions like "2 for 1" or "50% extra free" on HFSS products.

• Do not place HFSS products at checkouts, store entrances, or aisle ends.

Make promotional space available for non-HFSS items, healthier swaps, or premium alternatives.

Focus on reformulation & healthier options

To futureproof your marketing:

• Consider reformulating popular items to bring them under the HFSS threshold.

• Expand and promote healthier options (salads, grilled items, low-sugar drinks).

• Highlight nutritional benefits where relevant, e.g. “high in protein,” “low in saturated fat.”

Train your team

From the marketing department to front-of-house staff:

• Ensure everyone understands the HFSS restrictions.

• Provide clear guidance on what can and can’t be promoted.

• Work closely with marketing agencies to review creative and media plans for compliance.

Keep a compliance record

Maintain a record of:

• Nutrient profiling scores

• Marketing campaign plans and targeting methods

• Influencer briefs and approvals
  
  

This can help demonstrate due diligence if ever challenged.