HFSS Legislation For Retail Manufacturers

As of the 1st of October 2022, new regulations came into force with initial restrictions on the placement of food and drinks that are high in fat, sugar, and salt (HFSS) in retail. In 2023 there will be further restrictions as part of new HFSS legislation that manufacturers supplying retailers should be aware of and prepared for if necessary.

What are the new HFSS regulations from 1st October 2022?

The new regulations imposed by 1st October 2022 refer to location-based restrictions on HFSS foods within retail shops and supermarkets (with 50 employees or more). For example, food or drinks that are high in fat, sugar, and salt must not be placed in areas of high footfall, such as:

  • Checkout areas.
  • End of aisles.
  • Entrances and exits.
  • Top and bottom or stairs.

See below for examples from gov.uk…

Source: gov.uk

Source: gov.uk

Source: gov.uk

What HFSS regulations are being added in October 2023?

The regulations go further from 1st October 2023, with new rules in place to restrict volume and multibuy promotions on HFSS foods.

This refers to offers like “buy one, get one free” and again applies to businesses with 50 employees or more.

What can manufacturers do ahead of these regulations?

Businesses that supply the retail market should look to make changes where possible ahead of the 2023 regulations. Lauren Whittaker, regulatory lawyer at Pannone Corporate explains that…

Retailers who produce own brand items may want to start considering reformulation of their recipes, to ensure that their products do not fall into the category of HFSS food items.

This can apply to third-party suppliers too.

Ahead of these new regulations, there is an opportunity for manufacturers to make creative and innovative changes. Reformulation of your recipes to limit fat, salt and sugar will build retailer and consumer trust – better positioning your brand in an ever conscious market.

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