As regulatory pressure increases on food and drink manufacturers, businesses must stay ahead of emerging legal requirements whilst seizing growth in potentially new areas. At Joseph Flach & Sons, we strive to support our customers as much as possible, and we believe that a strategic understanding of the new HFSS (High Fat, Salt, Sugar) restrictions, together with sourcing wonderful botanical products to include in your manufacturing process, could help better position your finished products for success.
What the HFSS Legislation Means for Manufacturers
The HFSS regime targets the promotion and marketing of foods high in fat, salt or sugar (so-called “less healthy” products). The purpose is to reduce consumer exposure to marketing practices that disproportionately boost sales of nutritionally poorer products.
The UK’s HFSS (High Fat, Salt, and Sugar) regulations were introduced after growing concern about public health and the nation’s diet. For years, experts and policymakers had observed that supermarket layouts, promotional deals, and advertising often encouraged families to buy less nutritious foods. With obesity and diabetes rates continuing to rise, there was a sense that something needed to change. Children and families were evidently heavily influenced by marketing, bright packaging, end-of-aisle displays, and meal deals often pushed less nutritious options over healthier ones. Rates of obesity and diabetes were climbing, with the UK ranking among the highest in Europe for childhood obesity whilst processed and convenience foods had become everyday staples, not occasional treats.
Rather than banning products, the HFSS rules aim to nudge consumers toward healthier choices by limiting where and how these foods can be promoted, for example, no sweets at checkouts or multi-buy deals on crisps. The regulations reflect a wider understanding that the food environment, not just personal choice, plays a powerful role in shaping eating habits.
Key elements include:
- Volume-price/promotional bans: From 1 October 2025, multibuy or “buy one get one free” style promotions will be restricted for HFSS products. Gov.UK
- Placement restrictions: Already in force (since October 2022), these prevent HFSS products from being placed in premium retail locations such as checkouts, aisle ends, store entrances, and key online positions. Gov.UK
- Advertising restrictions: Originally scheduled for 1 October 2025, the controlled broadcast (9 pm watershed) and online advertising bans have been delayed to 5 January 2026 under new regulations (though voluntary compliance from October 2025 is expected) Gov.UK
- Brand advertising carve-outs: The new regulations exempt “pure brand advertising” (i.e. promotion of the brand without featuring HFSS products) from the restrictions.
It is important to note that businesses in scope will include larger manufacturers and retailers (often those with 250+ employees) and that compliance will be enforced via bodies such as the Advertising Standards Authority (ASA) and Ofcom.
(Local authorities can issue improvement notices or financial penalties usually up to £2,500 per offence, repeat offenders may face court action).
Interestingly, you could say it’s been a roaring success for the government as a recent report shows the HFSS rules (specifically placement/promotions restrictions) resulted in a reduction of about two million HFSS product sales per day in supermarkets.
Implications and strategic adjustments
For manufacturers and ingredient suppliers, these changes demand forethought in product development, marketing, and ingredient formulation. Some key implications:
- Promotion / marketing shifts
With volume-price promos off the table, marketing strategies must pivot to branding, storytelling, packaging, or value-add features. Botanical positioning (e.g. “infused with botanical extracts”) may help differentiate. - Ingredient innovation opportunity
Botanicals, especially those that can deliver perceived health, natural claims, or clean-label positioning become more attractive to brands seeking to reformulate away from “HFSS-like” associations. - Regulatory diligence
Even botanicals may face scrutiny if positioned in a health / functional context. Any claims must comply with regulations (e.g. EFSA, UK food law, etc.). Working with qualified regulatory and technical teams is imperative. - Consumer trends alignment
The consumer movement toward “better-for-you,” plant-based, clean label, and natural ingredients is strengthened in an environment where HFSS marketing is constrained. Botanicals already resonate with that trend.
Why Botanicals Offer Value (Especially Now)
Botanicals have existed for centuries across traditions such as herbal medicine, food uses, flavourings, and scent. Today, their relevance is increasing in food, beverage, nutraceutical, and functional product sectors.
Here are several benefits and use-cases that manufacturing clients should consider:
Flavour, aroma, and sensory enhancement
Botanical extracts (e.g. herbs, spices, floral extracts) can deepen or alter flavour profiles without relying on sugar, salt, or fat. For example, rosemary, thyme, cinnamon, or citrus peel extracts can introduce complexity or balance.
Functional (bioactive) properties
Many botanicals contain secondary metabolites, polyphenols, flavonoids, terpenoids, alkaloids which have been linked to antioxidant, anti-inflammatory, digestive, or immune-supportive properties. While manufacturers must tread carefully around health claims, botanical inclusion can support a “wellness” narrative.
For example,
- Green tea / Camellia sinensis: antioxidant and polyphenol properties
- Ginger / Zingiber officinale: digestive support
- Echinacea: immune-associated botanical
- Lavender, chamomile: calming or aromatic uses
- Turmeric / Curcuma longa: anti-inflammatory profiles
Clean label replacement potential
Botanicals can substitute artificial colours, flavours, preservatives or enhancers, helping brands claim “natural,” “no artificial,” or “plant-derived” labels.
Market differentiation and premium positioning
Consumer demand for botanical, plant-based, and “nature-derived” ingredients continues to rise. A product with botanical inclusion can command a narrative advantage and align with wellness trends.
At Joseph Flach & Sons, we view the HFSS changes not merely as compliance cost but as a signal: the food and beverage industry is entering a phase of ingredient re-evaluation, wellness-orientation, and differentiation by nature.
The HFSS legislation introduces meaningful constraints on promotion and placement of “less healthy” products. But for manufacturers agile enough to pivot, it accelerates interest in botanical ingredients as natural, differentiating components. With careful formulation, regulatory awareness, and strong botanical partnerships, your product lines can not only survive but thrive in this new era.
