HFSS Regulations in England: Current Position and Policy Context (2026)
The introduction of restrictions on foods and drinks high in fat, salt and sugar (HFSS) represents a significant component of the UK Government’s strategy to improve public health outcomes and address rising levels of obesity and diet-related disease. Collectively, these measures are designed to reshape the food environment, making healthier choices easier for consumers by reducing exposure to, and promotion of, less healthy products.
Promotion and Placement Restrictions
The Food (Promotion and Placement) (England) Regulations 2021 introduced restrictions on where HFSS products can be displayed in retail environments and their online equivalents. These location-based restrictions came into force on 1 October 2022 and apply to medium and large retailers.
HFSS products are now prohibited from prominent in-store and online locations such as:
- checkouts and queuing areas
- store entrances
- aisle ends
- equivalent high-visibility online pages
The aim of these restrictions is to limit impulse purchasing and reduce routine exposure to HFSS products, particularly for children.
Volume Price Promotions and Free Refills
Originally scheduled to commence alongside the placement restrictions in October 2022, limitations on volume price promotions (such as “buy one get one free” or multibuy offers) and free sugary drink refills were delayed in response to economic pressures, including the cost-of-living crisis.
Amendments laid before Parliament in 2022 and 2023 formally postponed implementation. The restrictions came into force on 1 October 2025 and are now legally enforceable in England.
These measures now prohibit:
- multibuy and volume-based promotions on HFSS products in retail stores and online
- free refills of sugary soft drinks in out‑of‑home settings such as restaurants, cafés, pubs and leisure venues
The intention is to discourage over consumption driven by promotional mechanics and to support a shift towards smaller portions and healthier alternatives.
Advertising Restrictions: Television and Online
The Health and Care Act 2022 introduced new powers to restrict HFSS advertising across television and paid-for digital media. While these restrictions were initially due to take effect in January 2023, their implementation was delayed multiple times to allow for further legislative clarification, particularly around brand advertising exemptions.
Following the passage of the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 and subsequent amendments, the advertising restrictions came fully into force on 5 January 2026.
The current rules include:
- a 9pm watershed prohibiting HFSS product advertising on television and UK‑regulated on-demand services before 9.00pm
- a blanket ban on paid‑for online advertising of identifiable HFSS products, including social media, search, display and video advertising
Brand-only advertising remains permitted, provided it does not feature or reference specific HFSS products.
Policy Rationale and Impact
The HFSS regulations are grounded in extensive evidence showing that product placement, promotional pricing and advertising significantly influence purchasing behaviour, particularly among children and lower‑income households. Independent evaluations of the placement restrictions introduced in 2022 have demonstrated measurable reductions in HFSS sales without disproportionately impacting disadvantaged communities.
Nevertheless, the phased and delayed introduction of certain elements, particularly advertising and promotional controls, has generated debate. Public health organisations have expressed concern that delays may have prolonged children’s exposure to HFSS marketing, while industry stakeholders have welcomed the extended timelines as providing necessary certainty and time to adapt.
Conclusion
As of 2026, England now has a comprehensive regulatory framework in place covering the placement, promotion and advertising of HFSS food and drink. Together, these measures represent a structural approach to improving diets by changing the environments in which food choices are made, rather than relying solely on consumer education.
While continued monitoring and evaluation will be essential, the HFSS regulations mark a substantial shift in food policy, reinforcing the role of government intervention in addressing obesity, health inequalities and long-term pressures on the NHS.
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