The ASA has started issuing rulings under the new advertising restrictions. Scotland has introduced fresh promotion and placement regulations. And campaign groups are calling on Government to update the Nutrient Profiling Model (NPM) that sits behind many of the rules themselves.

For brands, retailers and agencies, 2026 is proving to be less about adapting to HFSS legislation and more about keeping up with a landscape that continues to evolve.

The Rules May Change, Even If Your Products Don’t

At the centre of the latest debate is the Nutrient Profiling Model (NPM), the scoring system used to determine whether products are classed as “less healthy”.

The current model dates back to 2004/05. Since then, nutrition science has evolved, particularly around free sugars and fibre.

A revised model has already been developed but is yet to be implemented.

That’s important because if the updated model is introduced, some products that currently sit outside HFSS restrictions could find themselves caught by future regulations.

What Could Change?

Analysis published by the Obesity Health Alliance offers an indication of the potential impact.

Among its findings:

• 45 of 68 products featured in end-of-aisle promotions would be reclassified under the updated model.
• Every cake, biscuit, dessert, pudding, ice cream and lolly reviewed would move into scope.
• Six of the seven food and drink adverts reviewed during the Britain’s Got Talent final would fail the revised test.

Whether or not the revised model is adopted in full, the report highlights an important point:

The products affected by HFSS legislation may not remain the same forever.

Scotland Has Added Another Layer

While the debate around future classification continues, Scotland has already introduced new promotion and placement restrictions.

Since 1 October, larger retailers have been unable to run multibuy and volume promotions on less healthy food and drink products. Restrictions on product placement also apply to key in-store locations such as store entrances, aisle ends and checkout areas.

For brands running UK-wide marketing activity, that creates additional complexity. Similar doesn’t mean identical, and mechanics that work in one nation may need adapting in another.

Why Promotional Mechanics Matter More Than Ever

One of the most common questions we hear is:

If traditional promotions are becoming more restricted, what alternatives remain?

The answer depends on the mechanic.

HFSS rules generally target incentives designed to increase purchase volume, such as multibuys and volume-based offers.

Money-off coupons, targeted rewards and many loyalty-led mechanics continue to operate differently because they encourage value without necessarily driving higher basket volumes.

That doesn’t mean they are exempt from scrutiny. Scotland’s guidance has already brought certain voucher and loyalty mechanics into scope. However, it does mean that brands should be paying close attention to promotional strategies that remain available as restrictions evolve.

In many cases, shopper rewards, personalised offers and digital couponing could become increasingly important tools in the years ahead.

And Then There Are The ASA Rulings

Alongside legislative changes, the ASA has begun applying the new advertising rules in practice.

For marketers, these rulings may become the most useful source of guidance available.

They show how regulators are interpreting the rules, where campaigns are falling short and which arguments do and don’t hold up when challenged.

Understanding the legislation is one thing.
Understanding how it is enforced is another.

What Should Brands Be Doing Now?

Rather than waiting for future regulatory decisions, now is the time to:

• Understand how your portfolio performs under today’s model and any potential future model.
• Review promotional mechanics market by market across the UK.
• Build flexibility into campaign planning.
• Monitor ASA rulings closely.
• Consider promotional strategies that can continue to deliver value within an increasingly restricted environment.

Join Our HFSS Webinar With The IPM next month

If the last year has shown anything, it’s that HFSS compliance isn’t standing still.
That’s why we’re partnering with the IPM for a practical webinar exploring the latest legislation, ASA rulings and what may come next.

Navigating HFSS: Rules, Rulings & What’s Next

Tuesday 10 November | 10:00am | Free Webinar

Samuel Winterbourne, Regulatory Affairs Manager at the IPM, will cover:

• The relationship between legislation, CAP guidance and ASA enforcement
• The first ASA rulings and what they mean in practice
• Common compliance pitfalls
• Areas of future regulatory focus
• Practical guidance for brands and agencies

We’ll also share the latest insight from the world of rewards, promotions and digital couponing, including how shoppers are responding to changing promotional strategies.