Packaging

How packaging can navigate the loopholes and limits of the new HFSS advertising regulations

Tuesday 03. December 2024 - The packaging industry was already braced for a wave of change as various sustainability regulations are set to come into force in the coming years. But new regulations on junk food merchandising threaten to catch the industry off-guard

From October 2025, the UK will enforce new laws clamping down on the advertising and merchandising of high fat, salt, or sugar (HFSS) foods.
The headline-grabbing part of these regulations is a ban on pre-watershed TV and paid online advertising of in-scope products. However, as any attendee to Packaging Innovations will tell you, packaging is central to the merchandising of a product. So how will the packaging industry be affected when the rules it plays by are subject to change yet again?
New rules for packaging
Governments imposing design regulations on the packaging of products in the name of public health is hardly new. In Japan, for example, juice beverage packaging can only carry an image of a realistic cut fruit if the product is 100% fruit juice, while any representation of the product on the packaging must be the actual size[1]. Meanwhile, tobacco packaging has been strictly regulated across the European market for many years, with packs forbidden from containing recognisable branding of any kind.
Thankfully, the new restrictions are not quite as drastic as these examples. At present, there are no new rules that restrict specific design elements, colours, or imagery on in-scope HFSS packaging. However, some packaging designs will be affected by the ban on volume price promotions. This means packs can no longer carry messages that advertise ‘50% extra free’ – and the famous ‘BOGOF’ stickers and wraps will become a thing of the past.
POS display packaging has already been affected by restrictions around its placement, as in-scope products are not allowed to be situated at high-traffic locations around stores. This means packaging must be designed to make a high impact on-shelf, or it will be unable to make any impact at all.
Uncertainty lies ahead
While the legislation is significant in scope, there remain several large loopholes that the government may or may not choose to close. This is creating uncertainty for many in the food and packaging sector about exactly how their products intersect with the new regulations. For example, the line between brands and products is blurry when it comes to advertising. Brands that predominantly trade in HFSS can continue to advertise themselves, but specific products are restricted. It’s possible, then, that packaging could become the star of many TV and online advertisements for some of the biggest brands in the world. Nothing in the legislation specifies that depictions of product packaging are banned – just their contents.
This means differentiation and bold branding in packaging will become all the more important. Devoting more of the packaging to brand identity and storytelling – and crucially, ensuring all elements are bold enough to be immediately identifiable on-screen and on the shelf – may be a way brands can slip their products through this loophole in the ban.
There is also confusion around whether non-traditional forms of advertising, such as influencers and experiential marketing, fall into scope of the online advertising ban. And what about influencers that enter the retail space and launch their own brands? Will they be able to feature product packaging in online content, which is not, technically speaking, a paid-for advertising slot?
Radio advertising being exempt from the ban also raises many questions. Will this see radio and audio ads become more valuable? And will packaging designs need to incorporate features that are easy to verbally describe to audiences? Or will the government step in to close this loophole entirely too?
Collaboration and inspiration
It is clear that the government’s plans have yet to provide the industry with the clarity that it needs. Many loopholes remain, and many challenges lie ahead. This climate of increasing uncertainty means the industry has to balance these regulations with new sustainability obligations and rapidly evolving consumer preferences. And, as the opportunities for advertising and merchandising become more restricted, packaging’s role in this balancing act becomes all the more central to brand success.
No one knows what the answers will be. But we can say with certainty where it will be found – at Packaging Innovations & Empack, the packaging industry’s foremost trade show, at the Birmingham NEC this February. With a show floor packed with exhibitors, a schedule of talks and networking events, and thousands of visitors from across the global packaging industry, the event crackles with inspiration and shared insights. Register for a free ticket today.