Data and transparency at the Westminster Food & Nutrition Forum Policy Conference

Jessica Burt, associate specialising in food product regulatory and product liability at Mills & Reeve, looks at the implications of future mandatory sales data reporting for ‘larger’ food companies and what this may mean in the food sector as a whole.

The UK government’s 10-Year Health Strategy was published this summer and building on this, The UK government’s food strategy for England, introduced a policy mandating larger food companies to report on the ‘healthiness’ of their food sales. 

This initiative of mandatory healthy food sales reporting aims to provide transparency, drive improvements in public health, and support evidence-based policymaking. Consultation on the policy is expected by the end of this year or in early 2026. Whilst this is understood as likely to start with retailers, many of whom already report voluntarily, it is expected to expand out to include manufacturers and the out-of-home sector. Any criteria and expansion of who would be included in this should be carefully scrutinised as single product food producers may be particularly vulnerable to future targets according to whatever reporting metrics are implemented.

At the recent Westminster Food & Nutrition Forum on Data, it was suggested the metrics for any reporting would be based on the Food Data Transparency Partnership’s (FDTP) three criteria: calorie density, the Nutrient Profiling Model (NPM), and High Fat, Sugar, or Salt (HFSS) classification, which relies on NPM scores. The criteria aims to establish a baseline for ‘evidence-led policies’ targeting improved public health outcomes.

Under the likely proposed framework, larger food companies will be required to report data on sales of ‘healthier versus less healthy’ products. This data will form the baseline for what will become a mandatory ‘healthy food standard’ and set targets for improvement across the sector.

Any consultation may also explore how these targets should be structured and whether penalties for missing them might be implemented either now or in the future, certainly some sort of encouragement to meet targets would be expected. Single-product producers of HFSS foods may therefore be penalised unless reformulation or expansion of product ranges is possible.

The government’s approach represents a shift from previous voluntary reporting initiatives to mandatory requirements. While designed to enhance transparency, we need to avoid overloading businesses and there is a need for a balanced approach that considers the practical capacity of companies to comply with new regulations. One aspect of regulation that may be loosened in parallel with this is the Food (Promotion and Placement) (England) Regulations 2021 that restrict the location and promotion of certain HFSS foods in retailers and free refills of HFSS soft drinks in hospitality.

Meanwhile, the FDTP is expected to move away from healthy food reporting and deal solely in environmental metrics. A separate consultation on the parameters for this is anticipated similarly by early 2026. This evolution signals a broader commitment to transparency and accountability across the food sector.

For food business early engagement with any consultation is an opportunity to shape policy outcomes by highlighting where there will be any implicit challenges for the sector and where reformulation of certain foods may drive unintended consequences such as an increase in artificial sweeteners. Early engagement will also assist companies in considering how their data collection and reporting processes will need to evolve.

Jessica Burt was recently a panellist at the Westminster Food & Nutrition Forum alongside representatives from industry, Defra, advisers, and Lindsay Roome, head of the Food Data Transparency Partnership (FDTP).

Mills & Reeve supports the Westminster Food & Nutrition Forum by providing specialist speakers who advice on the legal implications and potential challenges for industry adapting to legislative changes and help them meet regulatory obligations while advising on risk mitigation.

The firm will continue to play a role at the Westminster Forum. Principal associate Katrina Anderson is scheduled to speak on 23rd October regarding next steps for the government’s food strategy and priorities for the UK food system.