With the delay of England’s high fat, salt, and sugar (HFSS) promotion restrictions to 2025, businesses must stay vigilant regarding evolving regulations across the UK and Europe. Here, we examine the current HFSS restrictions in the UK, France, Germany, and Spain, and forecast upcoming regulatory changes.
Current HFSS Restrictions in the UK
- UK-Wide Restrictions
Across the UK, the Committee of Advertising Practice (CAP) Code bans the advertising of HFSS food and drinks in children’s media. This includes prohibitions on using licensed characters or celebrities popular with children in HFSS product promotions across non-broadcast media, such as print, cinema, online, and social media.
- England
Since 1 October 2022, the Food (Promotion and Placement) (England) Regulations 2021 have restricted the location of HFSS products in stores and online. In-store, HFSS products must not be within two meters of the checkout, at aisle ends, or within fifty centimeters of aisle ends. Online, HFSS products cannot be featured on homepages, “favourite products” pages, “recommended for you” pages, or pop-up pages.
The Advertising Standards Authority (ASA) enforces strict rules on HFSS advertisements, prohibiting HFSS product ads from targeting under-16s and requiring the use of tools like interest-based targeting on social media. Television ads for HFSS products face additional restrictions, including bans on children’s channels, during or adjacent to children’s programs, and in ads making nutritional or health claims to young children.
- HFSS Regulations in France
Current Restrictions
In France, restrictions include bans on free or fixed-price offers for nectars and aromatized drinks in public catering, schools, and places for minors. Advertisements for beverages with added sugar or salt, artificial sweeteners, or manufactured food products must include one of four health messages:
- “For your health, eat at least five fruits and vegetables a day.”
- “For your health, practice regular physical activity.”
- “For your health, avoid eating too much fat, too much sugar, too much salt.”
- “For your health, avoid snacking between meals.”
These messages must be visible and regularly appear during advertising, with a tolerance of +/- 10%. Printed and digital ads must also link to “www.mangerbouger.fr.”
ARCOM Charter
The Autorité de Régulation de la Communication Audiovisuelle et Numérique (ARCOM) has adopted a charter promoting healthy diets and behaviors in audiovisual programs, encouraging the display of Nutri-Scores in advertisements.
- HFSS Regulations in Germany
Current Restrictions
Germany enforces labelling and broadcast advertising restrictions on HFSS products. Food labels must indicate fat, saturated fat, sugars, and salt content. Media service providers must reduce HFSS product advertising during children’s TV programs. Voluntary commitments by food companies aim to limit HFSS marketing to children, although this approach has faced criticism for its effectiveness.
- HFSS Regulations in Spain
Current Restrictions
Spain currently has no mandatory restrictions on HFSS products. However, the self-regulatory organization Autocontrol has published a code of conduct emphasizing healthy eating in food and beverage advertising to children. This code aligns with Regulation (EC) 1924/2006, ensuring nutrition and health claims do not exploit children’s inexperience or promote unhealthy eating habits.
Future HFSS Regulations
- UK-Wide
Starting October 2025, the UK will implement restrictions on HFSS product advertisements on television before 9pm and on paid-for online ads. The volume promotions ban (e.g., “buy one, get one free”) for HFSS items will also begin in October 2025.
- Scotland and Wales
Scotland is consulting on HFSS promotion restrictions, including multi-buys and temporary price reductions, with a deadline of 21 May 2024. Wales plans to enforce new promotion restrictions in 2025, focusing on temporary price promotions and meal deals.
- France
There are no upcoming HFSS regulations in France. A draft law targeting HFSS advertising to children has been abandoned.
- Germany
Germany’s Federal Ministry of Food and Agriculture is drafting a law to ban HFSS advertising targeting children under 14 across various media. The draft law is undergoing consultations and will need approval from the EU Commission and the German Bundestag.
- Spain
Spain’s Ministry of Consumer Affairs has published a draft bill to regulate HFSS advertising to children, pending parliamentary discussion. The Spanish Audiovisual Communication Act may also develop codes of conduct for HFSS product advertising.
Scope of HFSS Rules
- England
Current HFSS placement restrictions apply to products that are HFSS and fall within categories such as sugary drinks, confectionery, crisp snacks, and breakfast cereals. Volume promotion restrictions, effective October 2025, will apply to any HFSS-classified products.
- France
Restrictions apply to nectars and aromatized drinks (all-you-can-eat offers and fixed prices), non-alcoholic beverages with added sugar or artificial sweeteners (tax applies), and beverages with added sugar or salt, artificial sweeteners, or manufactured food products (advertising restrictions).
- Germany
The draft regulation covers all foods high in sugar, fat, or salt, often using the WHO nutrient profile model. The draft law specifies certain products, including chocolate, cereal bars, and confectionery, and outlines maximum content levels for total fat, saturated fat, sugars, sweeteners, salt, and energy.
- Spain
The Autocontrol code and draft legislation focus on HFSS products, particularly in advertising targeting minors.
Conclusion
The evolving regulatory landscape for HFSS products across the UK, France, Germany, and Spain requires businesses to stay informed and compliant. With significant changes on the horizon, particularly in the UK, companies must monitor these developments closely to adapt their marketing and promotional strategies accordingly. For further guidance, businesses should consult regulatory experts and refer to relevant regulatory and industry guidance.
