Katrina Anderson, Principle Associate specialising in commercial and food product regulatory at Mills & Reeve, looked at the implications for access to healthy, affordable food, and what might be next for HFSS (high in fat, salt, and sugar) food.
Key areas that were discussed were as follows:
Firstly, the restrictions on less healthy food classified as HFSS, would be a crucial part of the government's future strategy for healthier food. The current position was explored, including an ad ban on paid online and before a 9pm watershed on TV, is currently in a voluntary phase but will come into effect as a legal ban on 6 January 2026, UK-wide, via the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 . Promotion restrictions for HFSS foods (commonly known as BOGOF deals ie ‘buy one get one free’) came into effect in England and Wales on 1 October, despite suggestions they might be replaced with mandatory data reporting. Equivalent restrictions are also planned for Scotland but nothing for NI.
In the near term, we can expect the enforcement of the current advertising targeting restrictions to continue. Additionally, the enforcement of new ad restrictions will likely start in the spring. Throughout this period, some grey areas, such as borderline categories and what qualifies as an identifiable product and brand ad, are expected to become clearer.
Looking at the medium term, we are anticipate that the direction of travel is that we are likely to see more advertising restrictions. This could include restrictions on outdoor posters, which are an untargeted form of advertising. There might also be changes to the underlying legal definition of HFSS. A new definition has been developed which, if implemented, would bring more products under the scope of the restrictions and render previous reformulation efforts redundant. Location and Promotion restrictions may also be replaced by data reporting for retailers.
In the longer term, there is likely to be greater consideration of the interaction between UPF (ultra-processed foods) and HFSS; however, this will be alongside a focus on the ‘growth’ agenda with other priorities being consideration of food price and inflation and the resilience of the food system.
Katrina Anderson was recently a panellist at the Westminster Food & Nutrition Forum alongside representatives from industry, government including Defra, charities, academics and advisers.
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. Associate Jessica Burt is scheduled to speak on 27 November on Novel Foods.
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