It would be fair to say the road to implementing the HFSS regulations, first mooted in 2021, has been a bit of an ‘Eton mess’. It was no surprise both the ad and grocery industries were less than thrilled at a proposed 9pm junk food advert watershed, with both quick to bemoan the move.
However, after numerous delays and complications, in-store rules around volume pricing and product placement finally came into force on 1 October with the new advertising guidelines kicking in on 5 January 2026.
But what does all this actually mean for the brands affected and the industry that ‘feeds’ them?
A golden opportunity
The late, great chef Anthony Bourdain once said: “Without experimentation, a willingness to ask questions and try new things, we shall surely become static, repetitive, and moribund”. That feels like a pretty sound mindset for an industry negotiating HFSS.
The rulings, in all their many guises, represent a golden opportunity for brands. An opportunity to innovate, to change behaviours, to create new ways of communicating with consumers and to be a part of changing the relationship we all have with food. Childhood obesity remains a significant issue in the UK with more than a third of primary school children (36%) overweight or obese, according to the government’s national child measurement programme.
And brands are stepping up, recognising that the answers do not lie seeking out the loopholes but rather in developing and adapting products that are, well, just better.
Much of Walkers’ core crisps range now contain 47% less salt; more than half of McDonald’s new menu items are non-HFSS, and Kellogg’s has removed 10% of the sugar and at least 20% of the salt from its kids’ cereal range, introducing new products such as the oat-based crunchy cereal Oaties that meet guidelines. Smaller brands such as Fearne & Rosie, which produce jams and preserves with 40% less sugar than standard options, are also gaining mainstream traction.
NPD and R&D departments have clearly been busy. According to Mondelez International (2023), 61% of people say it’s important to treat themselves, while McKinsey reports 79% of UK consumers now rank wellness as a top priority. The opportunity is clear: indulgence isn’t disappearing, it’s transforming.
Take Bold Beans, turning a tired savoury category into something now considered ‘indulgent’, or Pip & Nut, which is leading the nut butter market with clean, simple ingredients. The focus is shifting from what we’re taking out to what we’re putting in – and this is where successful innovation is heading.
Create your own narrative
And what a great opportunity to deliver campaigns that honour the rules while also producing memorable comms. McDonald’s ‘Raise Your Arches’ is a great example. Fun, intriguing and not a restaurant or burger in site.
And the ‘below the line’ potential for HFSS products is vast. Opportunities in specialist retail, pop-up activations, brand homes, festivals and sampling can all focus on building connections between the brand and consumers. Magnum’s recent presence at All Points East illustrates this beautifully, with festival attendees given the opportunity to customise their ice cream and enter a competition. A smart move for a brand testing new ground.
User-generated content also presents a major opportunity for brands to own their narrative and create direct connections with consumers. This approach has been successfully leveraged by PerfectTed’s founders, who share their personal stories and build their digital community by encouraging loyal fans to create content about the brand, and achieving significant buzz.
As the HFSS landscape matures, the brands that will succeed are those that care deeply about both their ingredients and their intentions. By reimagining indulgence in cleaner, more conscious ways, the future of HFSS isn’t about restriction, but rather about innovation and opportunity.
With Christmas looming and the big brand ads airing, it has been interesting to note the shift in focus and tone of voice. Who could ever have predicted Kevin the Carrot would emerge as the ultimate trail-blazer?
Rupert Pick and Louise Forster-Smith are Hot Pickle’s co-founder & global MD and innovation director
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