non-HFSS Products

Brands that have invested millions in reformulation are to be banned from running promotions and advertising on TV under the government’s move to an updated nutrient profiling model, food bosses have warned.

The Grocer exclusively revealed this week that a new impact assessment published by the DHSC reveals the government is planning to switch to a new NPM. The move will bring thousands more products under its advertising and promotions bans, including cereals, fruit juices, yoghurts and smoothies.

Among the casualties include several “poster children” of the food industry’s reformulation programme including PepsiCo’s entire Doritos portfolio. In October 2024, the lineup was declared non-HFSS after a £13m investment into PepsiCo’s Coventry site, which delivered new recipes that slashed the amount of salt and fat by an average of 18% and 14% respectively.

At the time, the team behind the reformulation revealed it had been the “result of years of meticulous work”.

The brand is one of many that food bosses claim face the chop from Wes Streeting’s moving of the goalposts for the in-store promotions ban, as well as the junk food TV and online advertising ban, which only came into force last week.

The new rules could also take a massive bite out of the sales of Belvita’s soft bakes range, which in September 2024 was declared completely non-HFSS by its owner Mondelez, having reduced sodium by up to 56%.

Among many fruit juice products caught up in the ban would be Innocent’s orange with bits pure juice, which boasts of its important contribution to vitamin C, folates and potassium, and counts as one of a consumer’s 5 a day.

Despite reductions of more than 40% for sugar, 70% for saturates, and an increase of more than 800% for fibre compared with the standard Kipling slices, Premier Foods’ Mr Kipling Delicious & Light slices, at 99 calories each, would also fall foul of the move, as would a raft of products in Kellogg’s cereal range.

The revised NPM was first published in 2018, but shelved by the last government because of the enormous impact on the food industry.

Impact on obesity

Now the Labour government claims moving to the new scoring system would result in more than a million fewer cases of obesity.

It said its analysis suggested that applying the updated model to the 9pm TV watershed and online ban for HFSS products, and the bans on promotions in prominent locations, could reduce calorie intake by up to an additional 30% versus the current model.

That would be the equivalent of reducing cases of childhood obesity by up to 170,000 and adult obesity by up to 940,000.

“A calorie reduction of this scale translates into reducing obesity prevalence by up to two percentage points,” says the impact analysis, which states: “The plan intends to update the standards underpinning current advertising and promotion restrictions by moving to the new nutrient profiling model to determine the nutrient content of food and non-alcoholic drinks.”

FDF chief scientific officer Kate Halliwell said: “Food and drink manufacturers have invested hundreds of millions of pounds over many years to launch new products and change the recipes of many well-loved brands to make them healthier. A key focus of this has been developing new options that make it easier for shoppers to swap to healthier choices – such as a lower fat or higher fibre version of a product that they already know and love.

“Being able to market these products helps to encourage consumers to give them a try. However, under government’s proposed changes, many healthier options could no longer be promoted or advertised to consumers, which runs the risk of them having poor sales or being delisted by retailers.

“Businesses made their investments based on a clear, government-defined standard – the nutrient profile model – and have made significant progress. Our members’ products now contain a third less salt and sugar and a quarter fewer calories compared to in 2015. Ensuring a stable regulatory environment is the best way to support continued progress. Given the advertising regulations only came into force this month, making changes now undermines investment decisions that businesses thought they were making in the longer-term.”

An Advertising Association spokeswoman added: “Proposals to change the nutrient profiling model so soon after the new less healthy food advertising restrictions came into force will be deeply frustrating for advertisers.

“Businesses have invested heavily in reformulating products and adapting campaigns to comply with both promotion and advertising rules – a process that takes months, if not years.

“Any changes to the NPM must recognise this reality and allow the current restrictions to be properly evaluated, rather than moving the goalposts prematurely. Lessons from the complex implementation of the LHF advertising restrictions should give government pause for thought about the risks of leaving businesses in the lurch with insufficient time to prepare for further changes.”

A Department of Health & Social Care spokesperson said: “We were clear in the 10 Year Health Plan the current nutrient profiling model – used to define less healthy foods – is out of date. Early estimates suggest using an updated version could reduce childhood obesity cases by 170,000.

“No decision has been made about how the model may be applied to policies such as junk food advertising restrictions and volume price promotions.

“We will publish the model in due course and will consult fully including with industry on any potential application to our policies on tackling childhood obesity.”

Brands have been contacted for comment.