How can Brand Managers turn HFSS regulations into opportunities in-store?

Profile image of Matt Brown Matt Brown
A couple sit on a couch watching TV, they have a tray of various snack foods that could be in-scope of HFSS legislation
HFSS legislation exists to limit the promotion of many foods that are high in fat, salt, and sugar.
  • HFSS regulations limit product placement, promotions and advertising, shrinking traditional shopper marketing options.
  • n-fuze helps brands reimagine in-store POS and digital retail media to drive impact through creative clarity and relevance.
  • Brands that adapt outperform, using standout creative to convert shoppers where it matters most - at the point of sale.

Some might describe HFSS regulations as a restriction, a limitation, even a headache. But for brand teams willing to rethink how they attract shoppers in-store, they also create a real opportunity.

The Food (Promotion and Placement) (England) Regulations 2021 have been rolling out in phases over several years. Each phase has changed the rules of engagement for brands with products higher in fat, salt and sugar.

Since October 2022 there have been location restrictions. The legislation affects prime in-store promotional spaces like store entrances, aisle ends and checkouts.

What is the impact of the HFSS location restrictions on retailers? Large stores and supermarkets must move in-scope products out of key locations. While the rules apply in England, many retailers chose to roll out these changes across the whole UK, making the impact felt further.

Then came advertising restrictions in January 2024, which didn’t stop brands advertising entirely but impacted on product ads. The requirements significantly limit paid promotion of in-scope products across online channels, print and pre-9pm broadcast. The emphasis shifted away from product-led messaging at scale.

Fast forward another year and now the regulations restrict qualifying large retailers from running volume-based price promotions. No multi-buy deals, no “two for” mechanics, no easy promotional shortcuts.

On the surface, that sounds like a narrowing of options. In reality, it places even more importance on the moment that still matters most, the moment of truth and the point of sale.

HFSS regulations focus on products and where stores can physically place them. What they don’t remove is the need to influence, guide and reassure shoppers in-store. When used correctly, the rules still allow marketers to make use of a number of other methods. Static product imagery, digital displays, posters and brand-led POS, even within restricted zones.

That raises an important question for Brand Managers.

Are your in-store opportunities working as hard as your ATL marketing used to?

When price, placement and mass media are constrained, work with n-fuze creative agency to help get the most out of retail spaces. We can help you think beyond compliance and start using in-store as a true conversion channel.

What options does this leave for the Brand Managers? Smarter use of in-store POS solutions, including digital assets designed specifically for retail screens and media networks. Stronger visual hierarchy, and clearer messaging through local connection.

Team n-fuze has lived in this space for twenty years, in-between brand ambition and shopper reality. Helping brands stay visible, relevant and effective when the rules change.

HFSS doesn’t remove opportunity, it just raises the bar on how well you stand out when it matters most.

HFSS: myth vs reality

Myth: HFSS regulations have switched shoppers off these categories.
Reality: Shoppers are still buying HFSS products weekly. Demand hasn’t gone away, but reliance on promotional mechanics has.

Myth: HFSS means brands can no longer influence choice in-store.
Reality: What’s been removed are shortcuts. Brands now need to earn attention through clarity, salience and relevance rather than default placement or deals.

Myth: Shoppers are highly aware of HFSS changes.
Reality: Most shoppers didn’t consciously notice the placement changes, despite widespread implementation. This creates a quieter shelf where standout creative matters more.

Myth: HFSS is purely a compliance issue.
Reality: HFSS is a shopper and creative challenge. Brands that rethink how they communicate, not just where they appear, are better placed to win.

Myth: HFSS limits creativity.
Reality: Constraints force better thinking. When familiar levers disappear, creativity becomes the differentiator.

If you’re rethinking how your brand performs in-store under HFSS, let’s turn retail spaces into powerful conversion points. Thinking big, creating bigger together.

HFSS FAQs

Have questions about standing out in-store creatively within HFSS regulations?

HFSS regulations restrict how brands can promote and advertise products high in fat, salt and sugar and where they're placed in large retail stores. This covers both Above The Line (ATL) and Below The Line (BTL) marketing options. They primarily affect Brand Managers and Shopper Marketers responsible for in-scope FMCG products.

The HFSS legislation in 2026 applies to stores in England, but many large retailers have also implemented the same restrictions across Scotland and Wales to maintain consistency, meaning brands often experience a UK-wide impact. ATL marketing is limited with bans on pre-watershed TV ads and any online ads that could be seen anywhere in the UK.

Yes. While physical product placement and price promotions are restricted, static imagery, posters and digital in-store POS displays are still permitted when used within the guidelines. You can get your product images looking their best by working with n-fuze creative agency on Dynamic Packshot Generation (360 packshots) for in-store display.

HFSS increases the importance of shopper marketing by shifting focus away from price and placement towards clarity, creativity and decision-making at the point of sale. This is an opportunity to rethink your brand’s Key Visual Creation (KV) and attract shoppers who might have otherwise been unaware of changes to their in-store shopping experiences.

With fewer promotional levers available, brands must rely on strong, eye-catching, visual communication and insight-led design to influence shoppers at the moment of decision. When you work with n-fuze creative agency, you’re getting over 20 years experience of specialising in brand creativity in-store at the point of sale.

n-fuze creative agency helps brands by designing in-store POS creative that’s high quality, insight-led, and compliant. Drive conversion by bridging brand strategy and shopper behaviour, while making more data-led creative decisions. Set up a shopper marketing consultation to start getting the most from retail media by testing your in-store creative.

Still have questions?