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Internet Retailing quotes Mark Dewar on the HFSS multibuy ban coming into force

A new wave of regulation is soon to be introduced restricting how retailers – both digital and physical – are allowed to promote food and drink products high in fat, salt or sugar (HFSS).

Effective from 1 October, the HFSS clampdown brings a ban on volume-based promotions such as “Buy One Get One Free”, and multibuy deals on HFSS products in stores and online. Loyalty point incentives and free product giveaways are also prohibited, although meal deals and pre-packaged multipacks remain exempt.

The new restrictions are part of the government’s strategy for tackling the ongoing obesity epidemic in the UK. 64.0% of adults in England were overweight or living with obesity in 2022–2023, according to the UK Government’s Obesity Profile.

Commenting on the changes, Mark Dewar, Partner in our Commercial team, explains that while the new rules bring operational challenges, they also offer greater clarity for retailers navigating the complex landscape of food marketing regulation:

The decision to extend HFSS restrictions to cover multi-buy promotions will not be without cost, but it is at least being done in a transparent way with a clearer test as to when brand advertising is excluded.

"The direction of travel is clear: greater scrutiny on how products high in fat, salt or sugar are marketed and sold, and more robust reporting requirements for manufacturers. While the changes will undoubtedly bring challenges for retailers and producers, they should also create a more level playing field across the industry.

"The key now will be for businesses to plan ahead, adapt their promotional strategies, and prepare for further reporting obligations.

Read the full article in Internet Retailing here.

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