There are regulations in place to restrict the location and promotion of 'less healthy products', otherwise known as products that are high in fat, salt or sugar (HFSS). The Food (Promotion and Placement) (England) Regulations 2021:
a) reduces the availability of products high in fat, salt and sugar (HFSS) bought through “volume promotions” like ‘buy one get one free’ offers (which came into force in October 2025), and
b) restricts the placement of HFSS product categories in high footfall areas of an affected store, like checkouts, end-of-aisle units, store entrances, and designated queueing areas (which came into force in October 2022).
HFSS REGULATIONS IN WALES
HFSS restrictions came into force in Wales on Thursday 26th March 2026.
The key difference between England and Wales is the treatment of on-pack price promotions. In Wales, the regulations do not restrict products with volume price promotions on their packaging from being sold, but retailers must not apply the promotion at the point of sale. There is no transition period for this and retailers must clearly tell customers that the promotion shown on the packaging does not apply.
The Welsh Government guidance asks retailers to both clearly communicate to customers that restricted on-pack promotions do not apply, and to confirm the revised price of any affected products. The guidance states that businesses should ensure their chosen method for communicating this is sufficiently clear so as not to mislead consumers. It is recommended that for any product with restricted on-pack promotions, shelf edge labels are used to communicate the policy and the revised price to customers. Retailers should also ensure that their EPoS and self-service till systems do not apply the promotional price when scanned.
Convenience retailers’ obligations under the regulations depend on the number of employees in their business and the size of their selling space in store(s). ACS’ Assured Advice guide will help convenience retailers to understand:
- Which convenience retailers are impacted by the regulations.
- What volume promotions you can and cannot run on HFSS products.
- Where in your store you can and cannot display HFSS products.
- What area of your website and online platforms are affected.
- How you can determine if a product is HFSS.
- How the regulations will be enforced
Frequently Asked Questions
Can I still offer meal deals?
Yes, meal deals including lunchtime deals and ‘dine in for X’ deals are still allowed under the new regulations.
What about on-pack volume promotions?
Volume promotions that are printed on the packaging of a product itself have an additional year to be sold through, so they will be prohibited for affected retailers from October 2026. It is however recommended that retailers sell through those products before October 2025.
How is my staff count calculated?
The 50 employee threshold is based on the total headcount of the business, not the number of employees in one store. If you are an independent retailer with eight stores for example, it is likely that you will be included within the scope of the rules. Retailers with one store that are part of a franchise or symbol group may be included in the scope of the regulations, depending on how close to a ‘franchise arrangement’ the business is (see below for more detail).
Are all symbol group retailers affected?
The intention of the regulations is to include businesses that are part of symbol and franchise groups and which have similar operations to each other. The specific criteria that a retailer has to meet to be included is as follows:
You agree with another party to the sale or distribution of food
You agree with another party to the supply of particular food products specified in an agreement
AND
You agree with another party to comparable contractual arrangements as other businesses to the products provided by the symbol group or franchisor, the internal or external appearance of the premise, and the business model used for the operation of the business.
In many cases, retailers have significantly more autonomy on their business operations and strategy e.g. promotional deals, other regular sources of supply, pricing, staffing, opening hours, store IT systems and store operations.
Based on our discussion with the enforcement community, in these cases, the business model is not prescribed because retailers have autonomy over a number of these aspects of their business, they would not be considered to have a ‘franchise agreement’ as defined in the regulations. If in any doubt, we advise you to contact your symbol or franchise operator about your status regarding the regulations, or seek independent legal advice.
What does enforcement look like?
If an enforcement officer believes that a business is deliberately contravening the regulations, they may issue an improvement notice. Failure to comply with this improvement notice could result in a fixed penalty of £2,500, or prosecution.
Which UK nations do the HFSS regulations apply to?
The regulations only apply to England. Similar rules will come into force in Wales on March 26 2026, and in Scotland in October 2026.
What constitutes Pre-Packaged food?
A pre-packaged product consists of a food and the packaging into which it was put before being offered for sale with the packaging enclosing the food in such a way that the contents cannot be altered without opening or changing the packaging. Prepacked food does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale
Are confectionery only stores exempt from location regulations both in store and online?
If a shop mainly sells food from a single category, then they are exempt from physical location restrictions.
What is the definition of an aisle and an island unit, according to the regulations? How do they differ?
An Island unit is distinguished by not having a prominent end where food could be displayed (typically it would be square or circular in shape) and not marking a main customer route through the store. Please see Annex C image 3 of the Government’s implementation guidance here.
Can serving and queuing areas associated with food concessions selling food for immediate consumption be excluded from relevant floorspace calculations?
Yes. Serving or queuing areas associated with food concessions selling food for immediate consumption can be excluded from relevant floorspace calculations as this area is primarily used for sale of food intended for immediate consumption. The floor area for queuing or serving customers should be clearly marked either in stores or on store floorplans
Would a bar of confectionery be out of scope of the regulations as an offer alongside a coffee? E.g. Chocolate bar & a coffee for £3.
This type of offer would be in scope of the regulations and banned. This is because the regulations restrict volume promotion of HFSS products even if they are alongside a non-prepacked food product, non-food products or loyalty points. As the coffee is a non-prepacked food product being put with a HFSS product it would be in scope of the regulations.
Are frozen foods part of the restrictions?
Frozen food can be impacted by the HFSS regulations. A frozen food product is deemed HFSS based on its nutritional profiling score. Retailers should consult with their suppliers to find out this information.
Can I display HFSS products outside my store?
The current regulations states that businesses in scope must not place HFSS products in scope at 'covered external areas'. The regulations define a covered area as an area outside and connected to a store's main shopping area, through which the public passes to enter the main shopping area e.g., foyer, lobby, or vestibule.
Can store owners put images of HFSS products in restricted locations such as check outs, queuing areas and store entrances?
Yes, the regulations do not cover images of products in store.
How can I find out which brands are HFSS compliant and which are not?
It is important to recognise that the restrictions apply to products, not brands, meaning that a brand’s product range may have products in and out of scope of the restrictions. Retailers should ask their suppliers for more information about which of their products are in scope.
What food and drink product types are exempt from the restrictions?
Food and drink product types that are exempt from the restrictions include non-prepacked or prepacked for direct sale food and drink, and prepacked food products sold by a qualifying business that score less than 4 and prepacked drink products that score less than 1 under the nutrient profiling model 2004 to 2005, in accordance with the nutrient profiling technical guidance 2011.
Can HFSS products be displayed on a retailer’s online website homepage?
A seller is only allowed to display an in scope HFSS products on their home page on a signpost to the section the product is from. This must not contain a direct option to buy display such as an 'add to basket icon'. The image of the HFSS product displayed must not be more prominent that other similar signposting pictures.
If you have a question about the regulations that is not covered by the guidance, please get in touch with us at [email protected] and we will look to see if the answer can be Assured as part of our partnership with Surrey and Buckinghamshire Trading Standards.
