The nation’s health is rapidly declining, placing significant pressure on the NHS. Around two thirds of the UK population are living with obesity or excess weight, and child obesity rates are among the highest in Europe. These issues currently cost the NHS £6.5 billion annually - a figure set to soar to £9.7 billion by 2050.
Both the UK and Scottish Government have made tackling these issues a priority. In England, the Labour Government has launched its 10-Year Health Plan: Fit for the Future, while in Scotland, the SNP has rolled out its own 10-Year Population Health Framework.
A wave of new regulations targeting unhealthy food and drink products is either in force or shortly coming into effect. Businesses in the food and drink sector must stay ahead of the legislative developments set out below and adapt their practices to ensure compliance and future-proof their operations.
1. Crackdown on high fat, sugar and salt products
We have seen the hospitality sector face tougher restrictions on high fat, salt and sugar (HFSS) products already this year with Labour banning unlimited sugary drink refills in restaurants, cafés and other hospitality venues across England, and Scotland is expected to follow suit in autumn next year.
From 2026, HFSS products will face much tougher restrictions under the Health and Care Act 2022. The goal is simple: reduce how often people see these products, and ultimately, how often they buy them.
Products are classified as HFSS using the Nutrient Profiling Model – if food scores 4 points or more and drinks score 1 point or above, they are deemed as a HFSS product. From 5 January 2026, the following became mandatory: no TV adverts for HFSS products before the 9pm watershed on broadcast TV and Ofcom-regulated on-demand services, and a complete ban on paid online ads.
There will be some exemptions for small businesses with 250 or fewer employees and certain media platforms such as Spotify and other streaming services, online services linked to Ofcom-regulated radio stations, business-to-business advertising, and online media not primarily targeted at UK audiences. Special promotions commonly referred to as out-of-home products, such as ‘meal deals’ and ‘dine in for two’ can still be advertised, as long as they aren’t on the main landing page.
2. Product Regulation and Metrology Bill
But it’s not just about sugar and salt, product safety is getting a shake-up too. The proposed Product Regulation and Metrology Bill (PRAM) will give the UK Government powers to update, replace or amend UK product safety legislation to be in line with EU regulations, if deemed suitable. The aim is to raise safety standards and better protect consumers.
Thanks to PRAM, we might see the UK Government introduce regulations concerning product efficiency, marketing, measurement accuracy and risk mitigation, as part of wider product safety reforms. However, some alcohol business may be relieved to hear that the pint measurement, is excluded from the government’s scope of powers, which means the government cannot restrict its use in the marketing and supply of draught beer, cider or milk in returnable containers.
Despite this, food and drink businesses should pay close attention because they may be vulnerable to the government’s ability to investigate, enforce and impose civil or criminal sanctions. It also grants the government with the power to appoint inspectors, conduct searches and seizures.
Going forward, online marketplaces will be held to a higher standard through secondary legislation.
3. Product packaging
Additionally, environmental considerations have been incorporated into the regulatory landscape for the next year.
Under the UK-wide Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (pER), businesses producing more than 25 tonnes of packaging and with an annual turnover of at least £1 million are required to report packaging data to the Government.
While the reporting obligations aren’t new, pER establishes a clearer chain of responsibility and requests businesses to consider all their activities such as branding, packaging, filling, importing, or operating an online marketplace. Reports must be submitted through an approved compliance scheme, which manages these responsibilities on behalf of businesses.
Not only does this hold businesses to account when it comes to its packaging, but it requires business leaders to have the right reporting in place to accurately take stock of the amount of packaging used to sell its products. Furthermore, larger businesses may also be liable for a fee to cover the costs incurred by local authorities disposing of the waste.
Looking ahead to 2026
The food and drink sector is currently undergoing a period of major regulatory change – through late 2025, into 2026 and beyond.
With governments prioritising public health, product safety and environmental sustainability, business need to act now. Companies should thoroughly review their practices and implement rigorous processes to ensure compliance, which includes reassessing marketing strategies, scrutinising supply chains and evaluating packaging to ensure compliance.
Getting ahead of these changes isn’t just good practice – it could be the difference between thriving and falling behind in 2026.
