ACS (the Association of Convenience Stores) has responded to a consultation on the future application of the nutrient profiling model (NPM), raising concerns about how changes would impact retailers already dealing with HFSS regulations.
In the consultation, the Government is considering whether to change the model that determines whether a product falls under HFSS restrictions. By moving to a different model (the 2018 Nutrient Profiling Model), the scope of products that are considered ‘less healthy’ would change, resulting in implications for retailers on the existing location, advertising and promotion restrictions of products. It is expected this will mainly impact yoghurts, breakfast cereals, juice drinks, and confectionery.
ACS has called on the Government to give retailers 18 months to adapt to the changes (compared to the 12 months proposed in the consultation) to allow for the necessary changes to be made to infrastructure, compliance activity, store layouts and promotional activity. In the submission, ACS has also raised concerns about the possibility of regulations diverging between the UK nations and the complications that could arise as a result, especially for businesses that trade across multiple UK nations.
ACS chief executive Ed Woodall said: “Retailers have spent thousands of pounds adapting their businesses to comply with HFSS regulations. A further change to the products that are in scope of those regulations could cause confusion for colleagues and excessive costs if retailers do not have the necessary time to adapt. We urge the Government to ensure that any changes to the nutrient profiling model are made with the impact on retailers in mind and delivered as part of a consistent UK-wide approach.”
The proposed update to the Nutrient Profiling Model would apply in England for the purposes of the HFSS location and promotion restrictions. Decisions on equivalent restrictions in Wales and Scotland are devolved, meaning that while the updated model would apply in England, it would be for the Welsh and Scottish Governments to decide whether and when to adopt the revised model for their own HFSS regimes. The updated model would also be used for the HFSS TV and online advertising restrictions, which apply across the whole of the UK.
HFSS regulations on volume promotions came into force in England in October 2025, with location restrictions having been in force in England since 2022. Wales has since followed with the introduction of placement and promotion restrictions in March, while Scotland will introduce its HFSS restrictions in October.
ACS’ full response to the consultation is available here: https://www.acs.org.uk/lobbying/acs-submission-applying-new-npm-existing-restrictions
