High Fat, Salt and Sugar

COVER STORY

Retailers call for answers over unclear HFSS regulations

A list of 25 unanswered questions, submitted to government aheadof MPs considering the rules, highlights the confusion retailers face.

Business and retail groups, including the Association of Convenience Stores and the British Retail Consortium, have called for clarity ahead of the introduction in England of new regulations that aim to limit the placement and promotion of ‘high fat, salt and sugar’ (HFSS) products.

Products included in the scope of the rules – which are due to come into force in October 2022 – include soft drinks, yogurts, breakfast cereals, ready meals and pastries, in addition to cakes, biscuits, crisps, and confectionery. From next October, retailers face not being able to put any of these products at the store entrance, at the checkout, near a queuing area, or at the end of an aisle.

A list of 25 unanswered questions, submitted to government ahead of MPs considering the rules, highlights the

confusion that retailers face when deciding where they can put products, and what they can and can’t promote and provide offers on in-store. Officials from the Department of Health and Social Care are believed to have received more than a thousand questions about the regulations.

One area of confusion surrounds the future of meal deals and ‘big night in’ promotions. In the current draft of the regulations, this type of promotion is set to be excluded from the regulations. However, as there’s no definition of what a meal deal actually is, this could lead to confusion for shoppers and chaos for retailers.The questions also look for clarity on fundamental parts of the regulations, such as:

● How retailers calculate the size of their stores andthe areas impacted.

● Can retailers promote HFSS products alongside nonfooditems, for example a newspaper and soft drinkfor a set price?

● How businesses accurately calculate the nutritionalprofile of their products?

● Who is responsible for how products are promotedon online and ultrafast delivery platforms?

The ACS has estimated that small shops face a £13,000 bill to comply with the regulations, while larger stores face costs of up to £100,000 to rethink their store layouts. However, these costs could spiral further as we move closer to the implementation date.

James Lowman, Chief Executive of the ACS, said: “We are

committed to working with the Government to ensure that retailers comply with the new regulations when they come into force, but the clock is ticking toward the implementation date and we’re no closer to having a clear set of regulations and guidance that retailers can follow. These regulations will force retailers into making huge changes to the way that their stores are laid out, as well as almost starting from scratch on the offers that they can provide to customers. With so many unanswered questions, the only sensible option is to delay the introduction of the rules to at least spring 2023 to allow everyone to prepare.”

Andrew Opie, Director of Food and Sustainability at the British Retail Consortium, added: “Retailers are fully committed to working constructively with government to tackle obesity and help consumers lead healthier lifestyles.

“They have led the way, reformulating own-brand products, promoting healthier options and working with local communities to highlight the benefits of eating well. However, with less than 12 months to go until the new regulations come into force, retailers are still waiting for clarity on the detail of the regulations and accompanying guidance.

“Without this, they cannot start to carry out the required work to bring stores and websites to compliance, which will involve making major changes to the way stores are laid out and the promotions they can offer customers. The government has already acknowledged that businesses need at least 12 months to prepare and moving the implementation date to spring 2023 would give an appropriate timeframe for retailers to work towards.”