Health campaign groups have urged the government to think again about its proposals to ditch ban on products high in fat, sugar or salt (HFSS) displayed in prominent locations in stores.
The Grocer revealed yesterday the government’s 10-year-plan for the NHS says ministers expect to repeal the regulations on promotions in prominent locations in store, as well as the ban on multibuys such as bogofs, even though the latter hasn’t yet come into force.
The government says the proposals are part of a move towards “smarter regulation”, which will see it work with food companies to introduce mandatory reporting on the health of products, backed up by targets for healthier baskets which could see food companies fined if they miss them.
However, health groups accused the government of putting far too much trust in the food industry.
“Current regulations create a level playing field, ensuring measures are adopted more fully – something the food industry has repeatedly failed to do on its own – so they must not be removed,” Katherine Jenner, director of the Obesity Health Alliance, told The Grocer.
“The upcoming mandatory reporting of healthy food sales, followed by the introduction of healthy food targets, will also give large food businesses the flexibility to use a range of tools alongside price promotions and in-store placement, to steer shoppers towards healthier options.
“Kept together with the current measures, we will have a ‘belt and braces’ approach to a stronger chance of success and better protection for people’s health and wellbeing.”
Rebecca Tobi, nutritionist and senior engagement manager at The Food Foundation said: “Retailers need to build on those policies already in place (HFSS promotions, location, etc.) to stand a decent chance of hitting any healthy sales targets.
“So it’s a shame this was mentioned in the plan as an example of regulation that might no longer be required.”
Tobi said she believed the government might be looking to use targets as “an alternative to investing in enforcement” of the HFSS promotion regulations, with many reports of retailers breaching the rules.
The government says it believes the ban on promotions will no longer be necessary once its “smarter regulation” is brought in, which gives companies freedom to decide how they hit the new targets, including through reformulation, changing layouts, introducing new healthy products or through incentives and loyalty scheme rewards.
After several delays, amid firm opposition from the food industry, a ban on HFSS promotions in prominent locations came into force in October 2023, although the Tories delayed plans for the introduction of the clampdown on mulitbuys until October this year.
However, just last week the Labour government stressed it would be pressing ahead with the bogofs ban.
As well as anger from health groups, the announcement that it is now expected to be ditched has also led to fears of mass confusion among food companies from legal experts.
“The government’s latest announcement – made less than three months before the upcoming restrictions on HFSS promotions are due to come into force – has caused further confusion and uncertainty for businesses,” said Katrina Anderson, principal associate at Mills & Reeve LLP.
“Retailers and brands that sell direct-to-consumer (DTC) online will have been preparing for compliance for many months, made significant changes to both physical stores and e-commerce platforms to comply with locations rules.
“To now hear that the government plans, at some unspecified point in the future, to repeal the current rules and replace them with an unknown new set of ‘smarter’ restrictions on the sale of (presumably) HFSS products makes planning for compliance almost impossible.”
Sonia Pombo, head of impact and research at Action on Salt, said: “The government is jumping the gun by assuming its new approach will succeed before it’s even in place, and using that as justification to repeal existing legislation on unhealthy food promotions. Until meaningful regulation is implemented, and all food and drink businesses are held accountable, this conversation is a non-starter.
“Unhealthy food marketing directly undermines efforts to tackle obesity and health inequalities, especially among children and low-income families. At a time when the NHS is under immense pressure, scrapping one of the few preventative policies aimed at improving our food environment and reducing diet-related disease flies in the face of the long-term goals laid out in the government’s own 10-year health plan.
“Promotions on HFSS foods are designed to drive consumption, not support informed choices. The mere suggestion of ditching this ban is a step backwards and sends entirely the wrong message to retailers, parents, and the wider public.”
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