HFSS: High in Fat, Sugar & Salt

Here are some key elements you need to know regarding HFSS regulation.

What is HFSS?

HFSS is a suite of the proposed legislation which will restrict the promotion and advertising of high in fat, sugar and salt (HFSS) food and drinks.

  • Promotions

    Volume-based promotions, e.g. multibuys or extra-free promotions, will be banned in England from October 2023 for stores with 50 or more employees regardless of the size of their store. The calculation of employee numbers could be impacted by participation in a ‘franchise agreement’ e.g. membership of symbol groups. Further, free-refills will be banned for HFSS drinks. HFSS products can still be promoted on a single price reduction, and can still be included in meal deals.

  • Display Locations

    HFSS products can no longer be positioned in certain locations ‘in-store’, including end-of-aisle (including displays adjacent to end-of-aisle displays), store entrances and checkouts and their online equivalent locations. These restrictions apply in England only, and only for stores with more than 50 employees AND a relevant internal floor area of over 2,000 sq ft. This element of the legislation mainly impacts Supermarkets, Hypermarkets, Online equivalents and Wholesalers selling direct to the public. Applies to England only, live from 1st October 2022.

  • Calorie Labelling in the Out of Home sector

    Mandatory calorie labelling on non-packaged food and soft drinks at the ‘point of choice’ among large food businesses (businesses with 250 or more employees) in the out of home sector. Applies to England only, live from 6th April 2022.

  • Advertising

    Ban the advertising of HFSS products being shown on TV between 5.30am and 9pm, with more severe restrictions online. A total ban on advertising of HFSS products online. Expected to be enacted in 2025.

How is Britvic taking action?

Britvic has a long history of helping people make healthier choices.

Given the shift to low/no sugar variants, soft drinks is well positioned compared to other impulse categories (e.g. crisps & confectionery) to respond to HFSS and our leading approach to low/no sugar reformulations has enabled us to reduce our average calories per serve to 25 per 250ml since 2021 and remove 20 billion calories from British diets.

90% of our portfolio is already HFSS compliant, and where it isn't, we are reformulating to get below the threshold. We have also reviewed and amended our promotions to align with the new legislation.


Heard about HFSS and don't know where to start? Our dedicated HFSS FAQs hub will tell you all you need to know about the scheme and what it means for your business.

Includes any large businesses (250 or more employees)

Large businesses in England selling food for immediate consumption. And food sold by large businesses online including third party delivery companies e.g. Deliveroo


Schools, military, hospital/social care, workplace canteens – unless these are provided by another large business.

Volume price restrictions:
• Micro and small businesses (fewer than 50 employees)

Location restrictions:
• Micro and small businesses
• Stores smaller than 2,000 square feet
• Specialist retailers selling one type of food product (e.g. chocolatiers)

  • No end of aisle placements
  • No store entrance displays
  • Not in check-out and queuing areas (instore and online).

The legislation includes:

  • Food and drink offered for sale in a form which is suitable for immediate consumption.

The legislation excludes:

  • Fresh fruit/veg, uncooked meat, cheese.
  • Temporary menu items on sale for less than 30 consecutive days and a total of 30 days a year.
  • Alcoholic drinks over 1.2% abv.
  • Condiments provided to be added by the consumer.
  • On international transport to a foreign country.
  • Charitable activities e.g. raising funds at a single event.
  • ‘Off menu’ food, prepared at request of the customer.
  • Pre-packaged food and drink.