Legislation restricting multibuy promotions on foods high in fat, sugar and salt (HFSS) has come into force, with restrictions applying to large retailers and online shops.
The ban had been delayed initially until 2022, but continued to be delayed until 1st October 2025.
It restricts price promotions such as buy-one-get-one-free offers deals granting consumers more of a product for the same price, such as 50% extra free. It also restricts reference pricing, for example ‘was/now’ prices and comparisons to recommended retail prices.
In an impact assessment published by the Department of Health and Social Care, it was said that price promotions on so-called “unhealthy” products “could lead to excessive consumption of goods which are associated with a greater propensity to create impulse purchases and act as a significant contributor to weight gain”.
It went on to say that “price promotions appeal to people from all demographic groups and increase the amount of food and drink people buy by around 19.5%, according to data from Worldpanel by Numerator (take home data, two years to 4th August 2024).
Retailers have applied new policies
UK retailer Tesco told Food Management Today that it had already implemented the regulations on a voluntary basis since 2022, so its customers would see no change to the offers in its stores. Similarly, Sainsbury’s has been removing multibuy promotions on HFSS products from its shelves since 2016.
Andrea Martinez-Inchausti, assistant director of Food at the BRC, said: “Food retailers are supporting their customers to make healthier choices through better calorie labelling, reformulation of products, and portion control. HFSS advertising restrictions are part of the Government’s toolkit in the battle to reduce obesity and improve health outcomes. The vast majority of BRC members have already been voluntarily applying these new policies, so there will not be a big change for them.”
“It is important to stress that these rules are not a complete solution: they address the pre-packed food environment, but not out-of-home consumption.”
Jamie Cartwright, partner at international law firm Charles Russell Speechlys, stated: “This latest extension of HFSS restrictions has been a long time coming, with roots in proposals dating back to the May Government.
“For FMCG brands, the challenge will be finding creative and compliant ways to get their products in front of consumers. This sits within a broader regulatory environment that is already moving towards restrictions on TV advertising and even the role of influencers in marketing.
“It is important to stress that these rules are not a complete solution: they address the pre-packed food environment, but not out-of-home consumption. As such, this is another step in the journey rather than the end point.”
Having published its 10 Year Health Plan, Government revealed its intention to scrap the advertising ban on HFSS foods, with the ban implemented with the expectation that it will be repealed.
