After weeks of speculation about a potential u-turn on the HFSS restrictions, the government has now confirmed that the first stage will go ahead as planned.
From tomorrow, the placement of food and drink products high in fat, sugar or salt (HFSS) in areas like checkouts, end-of-aisle units, store entrances, and designated queueing areas will be banned.
The Department for Health and Social Care (DHSC) also confirmed that restrictions on volume-based promotions for HFSS products will be delayed until October 2023 in response to consumers facing pressure on the cost of living.
Thousands of supermarkets and convenience stores in England will be affected, depending on the size of their selling space (more than 2,000 sq ft) and the number of employees in their business (more than 50).
Research data released earlier this week suggested the legislation will have a significant impact on store sales, with some industry executives and suppliers calling for the measures to be halted given the current pressures in the grocery sector. However, the major supermarkets are said to have wanted to proceed with plans after investing heavily in developing new HFSS-compliant store layouts.
The changes have also been a significant burden on the convenience sector, with James Lowman, Chief Executive of the ACS, saying yesterday: “Local shops have sunk huge sums of money in refitting their stores to comply with these regulations when their businesses are already under pressure from rising energy bills and increased products costs. Retailers have been frustrated by the government’s rushed approached to policy development and indecision about implementation dates.”
Earlier this month, it was reported that new prime minister Liz Truss could ditch the HFSS store restrictions and other anti-obesity measures. Government ministers were said to have ordered an official review of the measures, which could eventually lead to the jettisoning of the policies inherited from Boris Johnson as part of a drive to cut red tape for businesses.
Health campaign groups welcomed yesterday’s confirmation that the legislation was going ahead, although some admitted they feared ministers could still reverse the plans.
Malcolm Clark, policy manager at Cancer Research UK, suggested it wasn’t certain the government would go ahead with its entire anti-obesity strategy, which includes a ban on advertising unhealthy products on TV before the 9pm watershed.
But he said it was good news that this weekend’s landmark location restrictions would come in as proposed. “This is obviously much better than the worst-case scenario, which we’d been led to believe, but originally we had been hoping that both sets of HFSS restrictions would be implemented on 1 October so it’s not the best case either.
“We have also seen with this government that it only takes a few lines in parliament to reverse major strategies, so we will have to remain on our guard and keep the pressure on the government.
“It’s possible that with everything else going on, the government just didn’t have the headspace for anything else.”
Karen Betts, Chief Executive of the Food and Drink Federation (FDF), commented: “The implementation of the delay to the ban on volume promotions is welcome news, including for hard-pressed shoppers at a time of rapid food price inflation.
“Our industry looks forward to continuing to work with the government to help tackle obesity and poor diets. Food and drink businesses know we play a critical role in this, and we have worked hard over many years to redevelop the recipes of our products to make them healthier while retaining their delicious flavours. This has included work to help people choose appropriate portion sizes. We know how valuable good health is to everyone, and we’re committed to continuing with this and other work to help people eat well whatever their lifestyle.”
NAM Implications:
- Patently have been slightly distracted by dealing with consumers ability to pay…
- Begging the question re whether the government have mechanisms in place to enforce compliance with HFSS location restrictions.
