ARE YOU MARKETING HFSS PRODUCTS? KNOW THE RULES BEFORE YOUR NEXT CAMPAIGN.

The UK’s High Fat, Sugar and Salt (HFSS) advertising regulations came into force on 5 January, marking a major shift for food and drink brands, marketers and influencers. These rules significantly change how HFSS products can be advertised, promoted and positioned across media, retail and social platforms.

This HFSS guide for marketers and influencers explains what qualifies as an HFSS product, outlines the key advertising restrictions, and shows how brands and creators can deliver compliant, effective campaigns without risking penalties or reputational damage.

What are HFSS foods?

HFSS foods are identified using the UK Nutrient Profiling Model (NPM), which assesses products based on their nutritional content per 100g. The model scores items based on energy, saturated fat, total sugar, and sodium. These are balanced against positive elements such as fruit and vegetable content, fibre and protein. Products scoring above set thresholds are classified as HFSS and treated as “less healthy” for advertising and promotional purposes.

Examples of HFSS products:

Confectionery and chocolate.
Sugary drinks and energy drinks.
Crisps, savoury snacks, and processed foods.
Certain bakery items and desserts.

Correctly identifying whether a product is HFSS is the foundation of compliant marketing.

What are the UK HFSS regulations?

Regulations restrict how these “less healthy” products can be advertised and promoted. It is crucial for marketers and influencers because HFSS rules directly limit when, where and how you can promote many popular food and drink brands, especially to under‑16s and during peak media times. HFSS regulation is part of broader efforts to tackle obesity, particularly among children, where high consumption of energy-dense, nutrient-poor foods is linked to diet-related diseases.

HFSS advertising rules

UK HFSS regulations restrict the marketing of “less healthy” food and drink products, particularly where children are likely to be exposed.

The rules aim to reduce obesity and diet-related disease by limiting the influence of marketing on children’s food choices. Policymakers focus heavily on advertising, promotions and in-store visibility because these factors strongly affect impulse purchasing and brand preference.

For marketers and influencers, HFSS regulations directly impact:

Campaign planning.
Media buying.
Influencer partnerships.
Promotional mechanics.
In-store and experiential activity.

HFSS advertising rules explained

HFSS advertising rules place restrictions on paid advertising and prominent placement across multiple channels.

Key restrictions include:

Broadcast advertising: HFSS products cannot appear in or around children’s programming or restricted time slots between (5.30am and 9pm).
Digital and social media: Paid-for search, display and social ads promoting HFSS products are banned at any time.
Influencer marketing: Paid posts or partnerships promoting HFSS products are treated as advertising and are prohibited online. This includes any arrangement with a brand to create and place content, whether monetary or non-monetary.
Retail and promotions: HFSS products face limits on prominent in-store placement and promotional mechanics.

As a result, brands must rethink their creative strategy, channel selection, and the role of influencers in HFSS campaigns.

How HFSS rules affect influencer marketing

Many influencer collaborations are now classified as advertising under HFSS rules. Compliance depends on the circumstances resulting in the content being created.

The ASA looks at:

Whether there was an arrangement - formal or informal, written or oral.
Whether consideration was provided - monetary or non-monetary, including gifting.
Whether the brand exercised any control over the content - messaging, timing, approval, hashtags, links, etc.
How and where the content was published - platform, audience, targeting.

If these factors indicate that content was created for the advertiser, it is treated as an advertisement and HFSS rules apply. If you were to receive a PR box containing a HFSS product as a gift, with no obligation to post and no agreement on timing, format or messaging, you may choose to post, but you should avoid content that could be interpreted as promotional, including posts that appeal to under-16s or encourage consumption.

The future of food and drink marketing under HFSS

Marketers are shifting spend toward non-HFSS ranges, owned channels, PR, and storytelling‑led campaigns that emphasise brand values, lifestyle, and wellness rather than overt product pushing of HFSS lines. Brands are also using influencers more in offline formats (for example, DOOH or events) where some HFSS rules are looser, while relying on organic, user‑generated content rather than clearly paid posts.

HFSS will push marketers and influencers towards authentic, long‑term community building, where brand love and lifestyle relevance matter more than short‑term promotional bursts.

Those who understand HFSS rules can turn them into a competitive advantage by investing early in compliance, audience data (to avoid under‑16s), and creative, story‑driven collaborations that remain powerful but stay on the right side of regulation.

Consequences of non-compliance

HFSS non‑compliance can lead to financial penalties, formal enforcement action, and serious reputational damage for brands, retailers, and agencies that promote high-fat, salt and sugar-rich products.

Non-compliance can result in:

Improvement or stop notices.
Financial penalties (commonly around £2,500 per breach).
Removal or cancellation of ads and media bookings.
Loss of retailer promotional privileges.
Public rulings that damage brand trust.
Loss of influencer or commercial partnerships.

Regulators, platforms, and retailers are becoming increasingly strict, making HFSS compliance a commercial necessity rather than just a legal one.

How Creatisan helps brands stay HFSS compliant

Navigating HFSS regulations demands smart planning, creative thinking and operational precision.

At Creatisan, we support brands, retailers and agencies with HFSS compliant:

Experiential activations and sampling.
Influencer and creator campaigns.
Shopper marketing.
Retail marketing and in-store execution.
Fulfilment and promotional logistics.

If you’re planning a HFSS-sensitive campaign, it’s always advised to consult your legal team to ensure compliance. By embedding compliance into creative strategy from day one, we help brands deliver impactful campaigns that engage audiences responsibly and protect long-term brand value.

This guidance is intended to be helpful and practical, not definitive, and shouldn’t replace formal legal or regulatory advice.

Sources:

HFSS GUIDE FOR MARKETERS AND INFLUENCERS

HFSS: THE QUESTIONS BRANDS ARE ASKING

THE POWER OF EXPERIENTIAL