Despite uncertainty from the government as to whether it would delay or cancel restrictions on high fat, salt and sugar (HFSS) foods, it has been confirmed that location restrictions referred to in The Food (Promotion and Placement) (England) Regulations 2021 will come into force tomorrow, 1 October 2022.
The location restrictions include where HFSS foods can be placed both in-store and online on e-commerce websites. The location restrictions prevent HFSS foods being placed at prominent locations, such as in-store at checkouts or the ends of aisles and online on home or payment pages.
The restrictions will apply to all “Qualifying businesses” (businesses with 50 or more employees, including those as part of a franchise) that sell prepacked HFSS foods to consumers (in store or online).
There are exemptions to these restrictions for care homes, education institutions, restaurants, cafes and takeaways, or to stores with a floor area below 2,000 square foot (or 185.8 square metres)
The restrictions on volume promotions, which includes ‘3 for the price of 2’ and ’Buy one get one free’ offers, has been delayed until 1 October 2023 with a transition period until 2024. The restrictions have been postponed due to the current economic situation within the UK.
Despite only recent confirmation that location restrictions will be coming into force on the 1 October 2022, all businesses must still ensure they are ready to implement these measures in order to comply with the regulations.
Disclaimer
This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances. © Shoosmiths LLP 2024.