HFSS: THE QUESTIONS BRANDS ARE ASKING
The HFSS questions brands are actually asking (and straight answers)
HFSS has been everywhere lately, but when it comes to real campaigns, a lot of brands are still unsure where the lines actually are.
Since sharing our HFSS guide last week, we’ve had a wave of questions from marketers, brand teams and event managers all asking for the same thing - a bit of human clarity!
So, here are the questions we’re genuinely being asked, and our straight-talking answers.
1. What actually counts as “child-appealing” content?
This is one of the biggest grey areas, and the one causing most hesitation.
“Child-appealing” isn’t limited to obvious cues like cartoons or mascots. Regulators look at the overall impression of the content, which can include:
Playful or exaggerated characters.
Animation, gaming or collectable style mechanics.
Bright, toy like visuals or novelty led formats.
Childlike language, humour or typography.
Even if children aren’t your intended audience, content that could reasonably appeal to under 16s may be flagged. If the creative wouldn’t feel out of place on a kids’ cereal box or game app, it’s worth pausing and sense checking.
2. If we’re not targeting kids, but kids might see it, is that a problem?
This is where intent versus reality comes into play.
HFSS rules focus on who content is likely to reach, not just who it’s aimed at. That means brands need to consider:
The platform or channel being used.
How robust age targeting actually is.
Where and how the content appears.
If a channel has a strong under 16 audience, or can’t be reliably age gated, it’s generally higher risk, even if the brief says “adult audience”.
3. What does the Nutrient Profiling Model (NPM) mean in practice?
The Nutrient Profiling Model is what determines whether a product is classed as HFSS.
In practice:
It’s not something brands should be guessing.
Marketing teams shouldn’t be left to interpret it alone.
It usually requires input from nutrition, regulatory or technical teams.
Once a product is confirmed as HFSS, the focus shifts to how it’s marketed, rather than trying to work around the classification.
4. What is actually banned under HFSS rules?
The HFSS restrictions do not operate as a single universal “ban list”. What is prohibited under current UK advertising regulation is:
Paid advertising of HFSS products online at any time, including paid social media placements.
HFSS product advertising on TV and certain on‑demand services before 9pm (pre‑watershed).
HFSS ads placed in media or contexts directed at children or where under‑16s form a significant part of the audience (e.g. children’s media or >25% under‑16 audience).
Use of child‑appealing techniques (e.g. licensed characters, child‑focussed promotions) in HFSS ads that could be interpreted as targeting children.
Separately, retail and in‑store promotional restrictions limit HFSS product placement and volume promotions (e.g. multibuys, certain key locations) under England’s HFSS placement legislation.
Other marketing activity isn’t automatically banned, but must be designed with audience and context in mind. The regulatory focus is on preventing exposure to children, rather than stopping adults from seeing HFSS products altogether.
5. Are experiential, sampling, PR and retail activity still allowed?
YES! And this is where we’re seeing a lot of opportunity.
Experiential, PR, retail theatre and brand led activity can still play a strong role when designed with HFSS in mind. That often means:
Leading with brand story rather than product push.
Avoiding child appeal cues in creative and tone.
Focusing on experience, quality, provenance or context.
Being clear about audience, location and execution.
HFSS doesn’t mean “do nothing”. It means be intentional from the start.
6. How do brands avoid wasting money on non-compliant campaigns?
This is the bit keeping people awake.
The biggest risks tend to come from:
Leaving compliance too late in the process.
Retrofitting ideas instead of designing them smartly upfront.
Assuming something is “probably fine” without checking.
The safest approach is to sense-check early, before creative, production or media spend is locked in. A short conversation upfront can save a lot of cost, compromise and stress later.
7. So… Who actually signs off HFSS content?
Right now, there isn’t a single HFSS body you can submit campaigns to for approval. Instead, HFSS sits within existing UK advertising regulation. Organisations like the Advertising Standards Authority (ASA) and Ofcom can investigate activity after it goes live, usually following a complaint.
That means compliance isn’t about getting permission upfront, it’s about making defensible decisions. When we talk about sense-checking, we mean pressure testing ideas early, involving the right people, and designing work that comfortably sits on the right side of the line, so you’re confident before spend is locked in.
8. Why are SMEs exempt from HFSS rules?
Small and Medium‑Sized Enterprises (SMEs) are exempt from the new HFSS advertising restrictions not because the products they sell are inherently safer, but because applying the same rules to them was judged likely to create disproportionate competitive and market entry issues without clear evidence of benefit.
In short
HFSS isn’t about stopping brands from showing up. It’s about understanding where the lines actually are, and designing activity that works within them. This guidance is intended to be helpful and practical, not definitive, and shouldn’t replace formal legal or regulatory advice.
If HFSS is making you hesitate on a campaign, or you’ve got an idea you’re unsure about, a pause for a short conversation early on can make all the difference.
