From delayed implementation to the suggestion of repeals, the regulations surrounding food and drink products that are high in fat, sugar and salt seem to be far from finalised. Here, we examine the regulations that are now in force, and what the Labour Government plans to change further down the line.
Obesity has been, and continues to be, one of the most pressing health issues in England, with rates in both adults and children rising, particularly in the most deprived areas.
According to the House of Commons Library’s most recent obesity statistics, 28% of adults in England were obese in 2022, with a further 36% overweight. Around one in eight children between the ages of two and 10 are also considered to be obese, according to the NHS.
In addition to increasing the risk of developing long-term health issues, such as type 2 diabetes, coronary heart disease, and some types of cancer, obesity costs the NHS in England around £6.5bn a year to treat.
With these costs expected to rise to £10bn a year by 2050, various governments have, over the years, introduced legislation and regulation to support people in eating healthily and exercising more regularly.
In the past five years, these efforts have included greater regulation on the way in which less healthy foods, such as crisps, sweets, chocolate, and sugary drinks, are promoted and sold to the public.
What regulations has the UK Government introduced?
The Food (Promotion and Placement) (England) Regulations 2021 (‘the Regulations’) were first introduced by the former Conservative Government to prevent unhealthy foods from being prominently featured in store or online.
Speaking at the time, former Public Health minister Jo Churchill said: “We know families want the healthy choice to be the easy choice, and restricting promotions on unhealthy foods will help them achieve this.
“We want to support everyone to eat healthier foods more regularly and this starts with helping supermarkets and manufacturers promote healthier food choices lower or free from HFSS [high fat, sugar or salt], to support families to make healthier choices.”
In the first instance, the Regulations restricted where food and drink products that are high in fat, sugar or salt (‘HFSS products’) could be placed in stores.
Since October 2022, convenience retailers with more than 50 employees and a relevant internal floor area of 2,000 square feet have not been permitted to display HFSS products in, or within certain distances of, checkouts, designated queuing areas, end-of-aisle units and store entrances (albeit with some exceptions).
This October, a ban on volume promotions such as ‘3 for £10’ or ‘Buy one Get one Free’ for HFSS foods has also been introduced, again affecting any convenience retailer with more than 50 employees.