How will the new HFSS legislation affect my drinks brand?

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HFSS Legislation

HFSS Legislation, Drinks Brand

The legislation, set to be introduced in October 2022, is the latest government initiative to tackle obesity. It will restrict the marketing of products considered to be HFSS, (High in Fat and Sugar/Salt).  The promotion of many drinks brands in store, online and on TV will be significantly affected.  Is your drinks brand  fully prepared?  Here is what you need to know:

Which drinks will the HFSS legislation affect?

The new regulations will apply to all non-alcoholic soft drinks with added sugar.  This will include both still and carbonated drinks, together with milk based drinks and juices. 

Which retailers must enforce the new HFSS legislation?

Businesses with 50 or more employees, including online retailers and retailers whose primary product may not actually be food and drink must adhere to the new regulations. This will also include stores that are members of a symbol group or franchises where there are 50 or more employees operating under that business name. In addition, the legislation will only be applicable to retail outlets of 2000 square feet or greater.

How will the HFSS Legislation Restrict the promotion of drinks brands?

Marketing activity designed to increase the volume of product purchased such as multi-buys and promotions giving a percentage extra free will be prohibited. However, where the packaging includes a volume price promotion, this may be sold until 5th April 2023. In addition, free refill promotions offering the same drink or different drink also affected by the legislation will not be permitted.  Promotion within 2 metres of the checkout or queuing area will also be restricted. Finally, promotions on aisle ends, store entrances, or covered external areas will be prohibited.

Will the HFSS regulations affect promotion of my drinks brand on a retailer’s website?

Promotions will not be permitted on the entry pages of the retailer’s website or landing pages when the customer is looking at other food categories. Likewise promotions on pop ups and pages not intentionally opened by the consumer will not be acceptable. Finally, advertising on a customer’s favourite product page, or pages where customers view their basket before proceeding to payment will also no longer be permitted.

What restrictions will apply to advertising HFSS drinks

Following a government consultation, in order to reduce children’s exposure to HFSS product advertising, a 9pm watershed is set to be introduced for television adverts promoting HFSS products that are predominantly targeted at children. Likewise, online restrictions will be introduced preventing all manner of paid HFSS advertising targeted at children including display, video, social media and paid search. The new restrictions on advertising are expected to be introduced in 2022, but full details of how the online ban will be enforced are yet to be published.

How can my drinks brand avoid the new HFSS regulations?

At Simpsons Beverages we offer no added sugar alternatives across our entire range of soft drinks which can help you avoid the HFSS restrictions.  

Avoid the HFSS legislation, Simpsons Beverages

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