Is Your Brand Prepared for a Watershed Ban on HFSS (High in Fat, Sugar, and Salt) Food?
Introduction
The regulatory landscape surrounding food and beverage products in the UK is undergoing significant transformation, with sweeping changes set to take effect in October 2025. At the heart of these reforms is a ban on High in Fat, Sugar, and Salt (HFSS) foods. This regulatory shift is part of the UK government’s broader strategy to combat rising obesity rates, improve public health, and reduce the strain on healthcare systems. As these regulations move closer to implementation, businesses must prepare for a radically different environment where marketing, product placement, and advertising will be subject to stringent restrictions.The landscape of food regulation in the European Union (EU) is constantly evolving to accommodate new scientific developments, changing consumer demands, and emerging food sources. As we approach February 1, 2025, substantial shifts are expected in the way the EU regulates novel foods and traditional foods from third countries, particularly in terms of application procedures, safety assessments, and labelling. These changes will reflect the increasing diversity of food products entering the market, such as lab grown meats, plant based proteins, and new biotechnology based foods. At the same time, the EU will continue to ensure that public health, safety, and sustainability remain at the heart of food regulation.
For brands that manufacture, market, or sell food products, the question is not just whether the ban will come into effect, but whether they are prepared for the changes that will follow. This article will explore the regulatory requirements surrounding the HFSS ban, its implications for brands, and how businesses can begin adapting their strategies to comply with new rules.
The HFSS Ban: An Overview
The HFSS foods ban, set to be enforced in October 2025, is part of a broader set of government measures designed to tackle obesity and improve public health outcomes in the UK. HFSS foods, those that are high in fat, sugar, and salt have been identified as a major contributor to the rise in obesity, particularly among children. As of the latest reports, approximately two-thirds of adults and one-third of children in the UK are overweight or obese, leading to a range of chronic health conditions such as heart disease, diabetes, and stroke. The government’s goal is to reduce the marketing and consumption of these foods, particularly among young people.
The HFSS ban specifically targets food and drink products that exceed certain thresholds for fat, sugar, and salt content. The thresholds for classifying a product as HFSS are determined using the UK government’s nutrient profiling model, which uses a points system based on the product’s energy (calories), fat, saturated fat, sugar, and salt content, among other factors. Products that score above a certain threshold are considered HFSS.
Key Provisions of the HFSS Ban
- Advertising Restrictions: Starting in 2025, there will be an outright ban on TV and online advertising of HFSS foods before 9:00 PM. Additionally, online platforms will be prohibited from targeting children with HFSS food advertisements, using tactics such as paid promotions or influencers. This also applies to digital spaces, including social media platforms and websites. Brands will need to carefully monitor the content they produce and share to ensure it aligns with the regulations.
- Location and Placement Restrictions: HFSS foods will also face restrictions in terms of how and where they are displayed within retail stores. Retailers will no longer be able to promote or place HFSS products at checkouts, end of aisle displays, or other high traffic areas. This will significantly affect how these products are marketed in physical stores, especially in supermarkets.
- Promotion and Price Reductions: Special offers, such as “buy one, get one free” or multi-buy deals, will no longer be allowed for HFSS products. Price reductions and other promotional tactics have been shown to increase the consumption of unhealthy foods, and the government aims to curb these behaviours. Brands will need to rethink how they incentivize purchases, especially for their HFSS products.
- Menu Labeling Requirements: In addition to the bans on advertising and promotions, restaurants, cafes, and food service outlets will be required to display the nutritional content of their meals, particularly those that are classified as HFSS. This will allow consumers to make more informed choices about the foods they purchase. Brands in the food service sector will need to reassess their menus to ensure they meet these labeling requirements.
- Health Claims and Marketing: Health claims, such as “low-fat” or “sugar-free,” will be more heavily regulated. HFSS products will not be permitted to make health claims unless they meet specific criteria. As the regulatory framework evolves, brands will need to focus more on the intrinsic health benefits of their products and consider reformulation where possible.
How Will the HFSS Ban Affect Your Brand?
1. Financial Impact and Market Dynamics
One of the most immediate consequences of the HFSS ban will be financial. Many brands, particularly those that rely heavily on advertising and promotion to drive sales, could face significant revenue losses. With restrictions on where and how products can be advertised, and with the removal of promotional offers, some companies may experience decreased market visibility, which could directly affect their sales volume.
For larger companies that have diverse product portfolios, the impact may be less severe, as they can redirect resources to non-HFSS items. However, smaller brands that specialize in HFSS foods could be disproportionately affected, as they may lack the resources to pivot their business model quickly.
The retail environment will also change. As HFSS products are no longer allowed to occupy prominent store spaces, the competition for shelf space will intensify, potentially resulting in increased costs for product placement in less trafficked areas of stores.
2. Brand Image and Consumer Perception
Public perception will play an important role as brands adjust to the new regulations. Consumers are increasingly health conscious and are more likely to support brands that align with their values, particularly in the areas of sustainability, nutrition, and social responsibility. Brands that embrace the challenge of reformulating their products to meet healthier standards and better align with consumer expectations may enhance their reputation as leaders in public health.
In contrast, brands that fail to adapt to the regulatory changes, or that continue to market HFSS products in ways that are perceived as irresponsible, may face backlash. In particular, companies targeting children or vulnerable groups could face more intense scrutiny from both regulators and consumers.
3. Reformulation of Products
A key strategy for many food brands in response to the HFSS ban will be reformulation. Many companies will seek to reduce the fat, sugar, and salt content of their products to bring them below the HFSS threshold. This reformulation process is not without its challenges, as it requires balancing nutritional improvements with taste, texture, and consumer preferences. Additionally, companies will need to account for the costs associated with modifying recipes, production processes, and labeling.
Reformulation may also present an opportunity for brands to innovate by creating new, healthier versions of their products that can be marketed as lower in fat, sugar, and salt. These new products could capture the attention of health conscious consumers, especially those who are increasingly demanding healthier options from brands.
Expected changes include:
- Faster Approval Processes: One of the major changes will likely be a move toward a more expedited approval system for traditional foods from third countries. Currently, the process can take years due to the need for comprehensive safety assessments and the lack of clear guidance on what constitutes “traditional” usage. By 2025, the EU is expected to introduce clearer guidelines and faster timelines for approving such foods, particularly for those with extensive safety histories in their countries of origin.
- Digital Submissions and Notifications: The EU will likely introduce digital notification systems that will allow applicants to submit their data electronically and track the progress of their applications in real time. This system will be easier to navigate, more transparent, and less time consuming for both the applicants and the regulatory authorities.
- Public Consultation on Traditional Foods: Another expected change is the introduction of public consultationsfor traditional foods. The EU may encourage stakeholder engagement through online platforms, where the public can provide feedback on new food applications. This will ensure that traditional foods are evaluated with public input, and that any concerns about safety or cultural significance are addressed.
4. Supply Chain Implications
As the HFSS ban requires brands to either reformulate existing products or pivot their marketing strategies, the broader supply chain will also be affected. Suppliers of ingredients such as sugar, salt, and fat may face fluctuations in demand, depending on how manufacturers adjust their formulations. Furthermore, companies will need to work closely with their supply chains to ensure compliance with the new regulations, from sourcing raw materials that meet new nutritional standards to ensuring that packaging and labeling reflect any changes to the product’s composition.
5. Legal and Compliance Risks
The regulatory risks associated with the HFSS ban are significant. Brands that fail to comply with the restrictions could face legal action, including fines, product recalls, or damage to their reputation. Food companies will need to ensure that their marketing strategies, advertising content, packaging, and promotional materials align with the new regulations.
As the rules continue to evolve, companies will need to stay informed and proactive in their approach to compliance. This may involve consulting with legal experts or hiring compliance officers to ensure that all aspects of their operations align with the evolving regulatory landscape.
Steps to Prepare for the HFSS Ban
Given the scope and complexity of the HFSS ban, brands need to start planning for the changes now. Here are key steps that companies can take to prepare for the October 2025 deadline:
1. Conduct a Nutritional Audit of Your Products
The first step in preparing for the HFSS ban is to assess which of your products fall into the HFSS category. This can be done by reviewing the nutritional profile of your existing range and determining whether any products exceed the thresholds for fat, sugar, or salt content. Identifying these products early gives you time to develop a strategy for reformulation or marketing adjustments.
2. Invest in Reformulation
For brands that rely on HFSS products, reformulation will likely be essential. Work with food scientists and nutritionists to find ways to reduce fat, sugar, and salt without compromising on flavour or quality. Keep in mind that reformulation is not only about compliance with the regulations, but also about responding to growing consumer demand for healthier, better-for-you products.
3. Review Advertising and Promotional Strategies
The restrictions on advertising and promotions will require brands to rethink their marketing strategies. Focus on digital marketing that complies with the new rules, including targeting adult audiences and avoiding children’s programming. Explore new ways of engaging consumers, such as influencer partnerships that promote healthier lifestyles or educational campaigns about nutrition.
4. Prepare for Menu Labeling and Nutritional Disclosure
If your brand operates in the food service sector, be prepared to meet the requirements for menu labeling and nutritional disclosure. This will involve clearly listing the nutritional content of your products on menus, as well as ensuring that your staff is trained to provide consumers with the information they need.
5. Monitor Regulatory Updates
Given the evolving nature of food regulation, it’s essential to stay updated on any changes to the rules. Work with legal and regulatory experts to ensure ongoing compliance with the HFSS ban, and be prepared to adjust your strategy as new requirements emerge.
Conclusion
The HFSS ban represents a watershed moment for the food and beverage industry in the UK. While it presents significant challenges for brands, it also offers opportunities for innovation and growth. By proactively adjusting their product portfolios, marketing strategies, and business models, companies can navigate this new regulatory landscape and continue to thrive in an increasingly health-conscious market. The key to success lies in preparing early, embracing reformulation where necessary, and staying agile in response to regulatory changes. Brands that can pivot in a way that resonates with both consumers and regulators will emerge stronger and more competitive in the years to come.
How TOXLAB Can Help You and Your Brand Navigate Regulatory Compliance
In today’s highly regulated environment, businesses in the food, beverage, and consumer goods sectors face increasing pressure to comply with evolving rules and regulations, particularly in areas related to product safety, health standards, and environmental impact. The UK’s upcoming HFSS (High in Fat, Sugar, and Salt) food ban is just one example of how the regulatory landscape is changing, and it underscores the need for businesses to be proactive about regulatory compliance. One company that can provide valuable support in this area is TOXLAB, a regulatory compliance consultancy that specializes in helping businesses navigate the complex world of regulatory frameworks.
What is TOXLAB?
TOXLAB is a part of leading consultancy firm SCS (SWANAND CONSULTANCY SERVICES) specializing in regulatory compliance, with a strong track record of providing tailored solutions for food, beverage, cosmetics, and chemical industries. Their services cover a wide range of regulatory needs, including product testing, risk assessments, compliance strategy, and market authorization.
For businesses looking to navigate the increasingly complex regulatory landscape, TOXLAB can offer in-depth expertise and comprehensive services that can streamline the process of ensuring that your products comply with both domestic and international regulations. This is particularly relevant as companies in sectors like food and beverage prepare for new rules such as the HFSS food ban.
Key Areas Where TOXLAB Can Assist Your Brand
1. Regulatory Compliance for HFSS Ban
The upcoming HFSS ban, set to take effect in 2025, presents an immediate and significant regulatory challenge for many food and beverage companies in the UK. Products deemed high in fat, sugar, and salt will face strict marketing, promotion, and placement restrictions. This includes limits on TV and online advertising, as well as in-store display regulations.
How TOXLAB can help:
- Nutritional Profiling and Compliance Audits: TOXLAB can assist in assessing your products to determine whether they meet the HFSS criteria based on their nutritional profile. Using government-approved nutrient profiling models, TOXLAB can quickly identify products that will be impacted by the HFSS ban.
- Reformulation Strategy: If your products are classified as HFSS, TOXLAB can work with your R&D team to develop a reformulation strategy that reduces fat, sugar, and salt levels without compromising on taste, quality, or consumer appeal.
- Labelling and Marketing Compliance: Once reformulated, your products will need to meet new labeling requirements. TOXLAB can help ensure that your labels are fully compliant with UK regulations and are optimized to appeal to a health-conscious consumer base.
2. Ingredient Safety and Risk Assessment
As a regulatory consultancy with deep expertise in toxicology and safety assessments, TOXLAB can assist in evaluating the safety of ingredients used in your products. This is critical in both the food and beverage industry as well as the cosmetics and personal care sectors, where consumer safety is a top priority.
- Toxicological Risk Assessments: TOXLAB’s experts can perform a detailed risk assessment on the ingredients used in your products to ensure that they meet safety standards. This is essential for compliance with EU and UK regulations, as well as international markets.
- Ingredient Approval and Novel Foods: For companies introducing new ingredients or products that fall under the “novel food” category, TOXLAB can provide guidance on the approval process, ensuring that your ingredients are thoroughly tested and compliant with regulatory standards.
- Product Testing and Certification: To back up safety claims and meet regulatory demands, TOXLAB offers product testing services that can confirm whether your products meet the required safety thresholds for a variety of jurisdictions.
3. Environmental and Sustainability Compliance
Sustainability is a growing focus for regulators, consumers, and businesses alike. From packaging regulations to carbon emissions targets, companies are increasingly expected to adhere to strict environmental guidelines. TOXLAB can assist in navigating these regulations and implementing more sustainable practices.
- Packaging Regulations: TOXLAB can help ensure that your packaging is compliant with UK packaging waste regulations, including the Plastic Packaging Tax and Extended Producer Responsibility (EPR) schemes. This includes advising on recycling, material composition, and proper labeling.
- Sustainability Reporting: As more brands are expected to provide transparency around their environmental footprint, TOXLAB can guide your company in meeting sustainability reporting requirements. This could include tracking waste, energy consumption, and carbon emissions and ensuring your company meets international standards like ISO 14001.
4. Market Authorization and International Regulatory Strategy
For brands aiming to expand beyond the UK, regulatory compliance becomes even more complex due to varying rules across different countries. TOXLAB has expertise in helping companies navigate international regulatory frameworks, particularly in Europe, North America, and other global markets.
- Global Regulatory Strategies: TOXLAB can help develop a comprehensive regulatory strategy for international markets, ensuring that your products meet the required standards and are authorized for sale in target countries.
- Customs and Import/Export Guidance: When exporting products, compliance with local regulations is critical. TOXLAB can provide support in navigating local food safety standards, customs procedures, and regulatory documentation.
- Global Safety Assessments: TOXLAB’s toxicology and safety expertise extends to global regulatory systems, so your brand can be confident that all safety assessments and ingredient approvals meet international standards.
5. Training and Education for In-House Teams
In-house teams often need ongoing support to ensure that they are up to date on the latest regulatory changes and best practices. TOXLAB offers tailored training sessions for your teams, ensuring that everyone from R&D to marketing and regulatory affairs understands the importance of compliance and how to integrate it into their day-to-day operations.
- Regulatory Training for Marketing Teams: Given the upcoming restrictions on HFSS food marketing, it is essential that your marketing and advertising teams understand the limitations of what can be communicated to consumers. TOXLAB can offer training on compliant marketing practices.
- Product Development Workshops: For R&D teams working on new products or reformulations, TOXLAB can provide workshops that focus on the latest regulatory trends, as well as practical guidance on ingredient selection and product testing.
6. Support with Enforcement and Auditing
Navigating regulatory compliance doesn’t end with product development and marketing strategies. Once your products are on the market, they are subject to ongoing scrutiny by regulatory bodies. TOXLAB can help you stay prepared for audits and ensure that your business is ready to respond to enforcement actions if necessary.
- Compliance Audits: TOXLAB can conduct internal audits to evaluate your compliance with relevant regulations, flagging any potential issues before regulators find them.
- Regulatory Liaison: In the event of an enforcement inquiry or investigation, TOXLAB can assist in liaising with regulators, helping to resolve issues and ensure that your brand remains in compliance with legal requirements.
7. Crisis Management and Regulatory Representation
In the event of a regulatory issue, whether related to a product recall, compliance failure, or consumer safety concern, TOXLAB can assist with crisis management. Their regulatory experts can help mitigate damage to your brand, providing strategic advice on communication, regulatory responses, and corrective actions.
- Recall Support: If a product needs to be recalled due to safety concerns or non-compliance with regulations, TOXLAB can help manage the recall process, ensuring that it is handled efficiently and in compliance with legal requirements.
- Regulatory Defence: Should your brand face legal challenges related to product compliance or safety, TOXLAB can offer expert representation and advice, ensuring that your interests are protected throughout any legal proceedings.
Why Choose us?
Choosing TOXLAB as your regulatory compliance consultancy offers numerous benefits to your brand:
- Expertise and Experience: TOXLAB has years of experience helping brands in various industries navigate complex regulatory environments. Their expertise spans food safety, toxicology, environmental law, and international compliance.
- Tailored Solutions: Rather than offering one-size-fits-all advice, TOXLAB provides customized solutions that address the unique challenges of your brand, whether it’s reformulating products, adjusting marketing strategies, or expanding into new markets.
- Proactive Compliance: TOXLAB takes a proactive approach to compliance, helping your brand anticipate regulatory changes and make necessary adjustments before deadlines arrive.
- Risk Reduction: By working with TOXLAB, your company can reduce the risk of costly fines, recalls, and reputational damage. TOXLAB’s regulatory experts ensure that your business is always aligned with current and emerging laws.
Navigating the complex world of regulatory compliance can be daunting, particularly with evolving regulations such as the HFSS food ban. However, with the right expertise, brands can not only comply with these regulations but can also turn them into opportunities for growth and innovation. TOXLAB is well positioned to support your business through these changes, offering comprehensive services that span from nutritional assessments to international market strategy.
For more information, Visit TOXLAB URL: www.toxlab.co
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