HFSS Rules & Confectionery Retailers

HFSS Regulations and Their Impact on Confectionery Retailers

Brought into effect in October 2022, the HFSS (high fat, sugar, and salt) regulations dictate where and how certain products can be merchandised. This has had huge implications for retailers of all kinds—and certainly caught the attention of specialist confectionery businesses.

Products considered unhealthy, sold both in-store and online, are affected by the regulations. They aim to reduce the visibility and promotion of less healthy foods to aid public health and combat obesity.

The food products targeted are those that have a score of 4 or higher according to the Food Standards Agency’s nutrient profiling model (NPM), whilst a score of 1 will see drinks categorised. Confectionery, including sweets and chocolate, crisps, and soft drinks with added sugar are among the categories that are classified as HFSS, and many retailers are required to merchandise them differently. You can quickly and easily calculate a product’s NPM score from the Consumer Data Research Centre here.

Since the introduction of the HFSS measures, businesses can no longer shelve confectionery near the checkout, on promotional ends or at store entrances. To maintain sales, many retailers have had to adapt the way that they stock their stores.

This may sound like a huge issue for confectionery retailers, given that a vast majority of the lines they stock will be HFSS. However, there are exceptions and exemptions for specialist retailers—typically those selling products from a single category.

How Does HFSS Affect Your Business?

The HFSS regulations apply to medium and large businesses with 50 or more employees that sell prepacked food and drink. For these businesses, location restrictions apply in stores with a selling space that exceeds 185.8 square metres (2,000 sq ft). These include symbol and franchised stores alongside medium and large retailers of prepackaged foods. Restrictions apply to online retailers, too, with websites also prohibited from prominently promoting HFSS products—again, specialist online stores may be exempted depending on their classification.

In-store, HFSS stock can no longer be displayed in a range of high-profile locations. These include store entrances, aisle ends and near checkout or queuing areas. Typically, HFSS products are not permitted within two metres of checkouts or queuing areas, while entrance display restrictions depend on the size of the store.

Specialist retailers, defined as those that only or mainly sell foods within a single category, are exempt from the location restrictions of the regulations. This means that many confectionery specialists are most likely unhindered, but specialist stores are designated on a case-by-case basis. Enforcement officials will consider the individual circumstances of each store. However, specialist stores must still comply with the volume price promotion restrictions, whilst online and in-store signage and marketing must still comply.

Volume Price Promotions

Volume price promotion restrictions came into force in England on 1 October 2025. Volume price promotions refer to offers that encourage shoppers to buy multiple items in order to receive a discount.

Alongside ‘buy one get one free’ offers, this includes promotions such as ‘buy 2 for £2’, ‘3 for the price of 2’, ‘buy more and save’, or ‘50% extra free’. These types of offers are now restricted on HFSS products in businesses that fall within the scope of the regulations.

Simple price reductions are still allowed, however. Promotions such as “half price” or “save £1” are still fine, because they do not require shoppers to purchase multiple items.

Offers in which HFSS products can still feature are limited to ‘relevant special offers’, given that they are offering a ‘complete’ meal, rather than the chance to stock up at home. Therefore, ‘dine in for 2’ type offers are permitted, and the traditional meal deal—typically consisting of a main, snack or sweet treat, and drink—may also qualify, provided the promotion is structured as a single meal rather than a multibuy promotion.

HFSS regulations may feel like the end of in-store promotional bays, but this is not the case. Providing that they are not in too close proximity to high-footfall or prohibited spaces in-store, they are still allowed. Placing promotional bays mid-aisle is still an effective way of highlighting stock that you want to push, but it remains within the HFSS regulations.

HFSS Advertising Restrictions

HFSS regulations were expanded further on 5 January 2026, when new advertising rules came into force across the UK. These measures introduced:

• A 9pm watershed for TV advertising featuring identifiable HFSS products.

• A full, 24-hour ban on paid online advertising for identifiable HFSS products.

These restrictions aim to reduce exposure to less healthy food marketing. Hence, the 9pm watershed for TV advertising and a ban on paid-for online advertising featuring identifiable HFSS products. This includes many forms of paid digital marketing, such as social media ads, sponsored search results and influencer partnerships. However, brands can still promote products through their own websites and organic social media channels.

The rules primarily apply to larger businesses with 250 or more employees that pay to advertise HFSS food and drink products. For confectionery brands and larger retailers running digital campaigns, this means marketing strategies may need to shift towards brand advertising or non-HFSS product ranges.

How to Stay Compliant

If a company is found to fall foul of regulations, improvement notices will be served—after which fines may be issued if problems are not resolved. In the event that a business is served an improvement notice or hit with a fine, it does have the right to appeal.

It may be obvious, but the simplest way to remain compliant with the HFSS regulations is to be aware of the rules, how they apply to your business, and whether you are exempt—full details of the restrictions can be found here.

When adding new stock or refreshing the layout of your store, it is always important to be aware of the regulations. Having been updated already, it is important to stay informed to avoid being caught off guard. It is good practice generally to sporadically check that your business is in line with regulations.

Manufacturers have not ignored these changes, as we have seen new lines introduced that meet the requirements to be non-HFSS. For instance, the Rowntree’s Safari Mix and Berry Hearts offer the same juicy and fruity treats that the iconic brand is famed for—but they are not classed as HFSS! The same can be said for a selection of sugar-free confectionery too, but it is important to check stock regardless of category. Given that NPM scores are assessed per 100g rather than portion size, this means that even lighter options that are often seen as healthier may not be in regulation.

Looking at these non-HFSS variants to populate restricted areas is a safe way to offer answers to shoppers’ impulses. Especially given that traditional high-sugar favourites are restricted when it comes to their promotion. Of course, if you are a specialist business, this will not apply, but it is certainly a way to contend with the regulations for businesses with a more diverse range.

Are You Exempt?

Many confectionery retailers may fall outside some HFSS restrictions due to business size or store type. In England, the regulations mainly apply to medium and large businesses with 50 or more employees that sell prepacked food, meaning smaller independent retailers are often exempt. In addition, specialist retailers—such as shops that mainly sell confectionery—are typically free from the location restrictions that limit where HFSS products can be displayed in-store. However, if the business meets the 50-employee threshold, it must still comply with volume price promotion rules, meaning multibuy offers such as “3 for 2” or “buy one get one free” cannot be used on HFSS products. The separate advertising restrictions introduced in January 2026 apply primarily to larger businesses with 250 or more employees that pay to advertise HFSS products on TV or online, meaning most independent confectionery retailers are unlikely to fall within scope. Retailers should always check how the rules apply to their specific business, as exemptions can depend on factors such as store size, product range and overall business structure.

No matter whether your business is classed as a specialist retailer or not, it is important to be aware of the regulations and their implications for your business. Retailers should also be aware that HFSS regulations have continued to evolve, with volume price promotion restrictions coming into force in October 2025 and new UK-wide restrictions on TV and paid online advertising of HFSS products introduced in January 2026. Staying informed about these developments will help ensure your business remains compliant while continuing to meet customer demand.

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