Evolving health regulation for the food and drink industry – What lies ahead?
Introduction
The UK’s regulatory landscape is undergoing significant transformation, with a clear shift towards policies that prioritise public health, diet and wellbeing, and which rely on consumer awareness to achieve their goals.
Rising interest in the potential short and long term impacts on health relating to consumption has driven demand for more information on goods placed on our shelves, to enable more informed choices. What is also clear is that, the science of food and nutrition is further advanced and in the spotlight than ever before. This has allowed for increasing data to emerge as to potential health impacts of consumption habits. What is yet to be seen is the extent of the regulatory management of these emerging trends, and how that will continue to shape the food and drink industry.
This article provides an insight into evolving regulation in both England and Scotland, starting with the Governmental strategies regarding how food and drink can impact on the health of the population. The following sections then explore the recent and proposed measures on this topic, which include restrictions on the promotion of high fat, sugar or salt (“HFSS”) products, calorie labelling, the formulation and labelling of baby foods and new regulatory and scientific scrutiny around the regulation of ultra processed foods (“UPFs”). We also discuss the use of food dyes and how some other regions such as the USA are starting to prohibit more ingredients due to health concerns.
If you are seeking legal guidance on how current or upcoming food regulations may affect your business, do get in touch with one of our experts or your usual CMS contact.
Long term Governmental health strategies
Both England and Scotland have recently set out ambitious 10-year plans to improve the health of the population and reform the food system. These strategies are not isolated; rather, they provide the foundation for a series of targeted regulatory interventions designed to reshape the food environment and drive healthier choices.
England’s ‘Fit for the Future’ plan, published in July 2025, highlights key reforms to look out for in line with Labour’s food and health manifesto commitments. These include: restrictions on what is referred to as ‘junk food’ advertising targeted at children, a ban on the sale of high-caffeine energy drinks to under-16-year-olds, a revised National Planning Policy Framework to give local councils stronger powers to block new fast-food outlets near schools and mandatory healthy food sales reporting for large companies. The plan promises that this reporting will be introduced “by the end of the Parliament” and will be used to set new targets for companies to increase the healthiness of food products in all communities. The plan also states an intention to update the Nutrient Profile Model (NPM), to align it with the latest dietary recommendations. The 2004 NPM was developed by the Food Standards Agency to categorise which foods are more or less healthy and is still the model used as the basis for the current HFSS advertising and promotion restrictions some 21 years later. Given the changes to understanding of these matters during that time, this update could be said to be long overdue.
In parallel, Scotland has published its ‘Population Health Framework 2025–2035’ and its first national food strategy, the ‘National Good Food Nation Plan’. These set out prevention focused goals, including improving access to healthy school meals, promoting community food growing, and supporting a whole-system approach to healthy weight. As part of its initial priorities for 2025–2027, Scotland plans to publish a two-year implementation plan of preventative action to improve the food environment, diet, and achieving a healthy weight. This will include developing legislation requiring industry to reformulate foods to reduce levels of fat, sugar and salt and working with major retailers to improve the healthiness of the typical consumer shopping basket.
Restricting the promotion and advertising of less healthy foods
England and the devolved governments have already started pressing ahead with measures to restrict the marketing and promotion of what are considered to be “less healthy” foods, and one of the main areas where this has progressed is the regulation of HFSS products. Regulations such as the Food (Promotion and Placement) (England) Regulations 2021 (the “HFSS Regulations”) and the forthcoming Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 (the “Health Advertising Regulations”) are designed to reduce the visibility and accessibility of less healthy foods, with a particular focus on advertising that is targeted at (or would appeal to) children. The English HFSS Regulations target the visibility and accessibility of HFSS products, banning volume promotions (such as “buy one get one free”) and restricting the placement of specified products in prominent locations, both in-store and online. The new Health Advertising Regulations, which will take full effect across the UK from 5 January 2026, introduce further tighter controls on the advertising of less healthy foods. These controls include a watershed, meaning TV advertisements for less healthy food products cannot be displayed before 9pm on certain media services, and a ban (with limited exceptions) on the placement of paid-for online adverts for what are considered to be less healthy foods. After a 2024 consultation, Scotland is looking to follow suit, with proposed regulations aiming to align with England’s HFSS Regulations.
Under the proposals, enforcement will fall to local authorities, utilising powers under the Food Safety Act 1990 and the Food (Scotland) Act 2015. These measures form a part of the broader health framework, reflecting a policy consensus that reducing the promotion of HFSS foods will assist in tackling obesity, which is reported to be one of the leading causes of health issues such as cancer, cardiovascular disease and type 2 diabetes.[1]
Calorie labelling initiatives
Alongside restrictions on promotion, mandatory calorie labelling policies in England require cafes, restaurants, and takeaways with more than 250 employees, to display calorie information on menus and food packaging. In Scotland, similar requirements are currently the subject of ongoing debate, with proposals under consideration to introduce comparable calorie labelling measures in the near future.
While the aim is to empower consumers to make healthier choices, Scottish policymakers are also grappling the need to balance transparency with sensitivity to vulnerable groups, such as those with eating disorders. The ongoing debate in Scotland, and the nuanced positions of stakeholders, highlight the complexity of implementing health-focused regulation in a way that is both effective and equitable.
Regulation of colourings and ultra-processed foods
As the regulatory landscape evolves, attention is turning to new and emerging risks, and there is currently a lot of focus on UPFs and food colourings. Recent domestic and international developments illustrate how regulatory pressures, combined with changing consumer attitudes, are driving food manufacturers to reformulate products with a noted reduction in what are considered to be “less healthy” ingredients.
UPFs are under increasing scrutiny, with mounting evidence linking them to adverse health outcomes. While there is no single, universally agreed definition for UPFs, the Food Standards Agency refers to the most commonly used NOVA classification which refers to UPFs as food which contains “formulations of ingredients, mostly of exclusive industrial use, typically created by a series of industrial techniques and processes”. UPFs are reported to account for nearly 57% of the national diet[2] and although there are currently no UK laws specifically targeting UPFs, the issue is firmly on the regulatory agenda.
A recent ‘rapid evidence’ update published in April 2025 by the Scientific Advisory Committee on Nutrition[3] considered new evidence on processed foods and health impacts. The update highlights that there is growing evidence linking the consumption of UPFs to various adverse health outcomes, including obesity, cardiovascular diseases, and metabolic disorders. However, there is still uncertainty, and more comprehensive studies are needed, not least to establish potential causality. We therefore expect to see further research carried out in this area.
Similarly, the regulatory and consumer landscape for food colourings is changing. The industry shift from artificial to natural food dyes reflects both regulatory and consumer demand for what are better understood to be cleaner, safer ingredients. The move away from synthetic dyes, driven by both UK and recent international developments, is prompting reformulation across the industry, with technical and commercial challenges to overcome.
In January 2025, the US Food and Drug Administration announced a ban on Red Dye No.3 after studies revealed a potential link to cancer, giving manufacturers until January 2027 to reformulate affected products. While the UK prohibits the use of Red Dye No.3 in specific items, it is not entirely banned. Since 2010, UK regulations have required products containing certain artificial colourings to display a warning indicating possible adverse effects on children’s activity and attention, however, to avoid carrying this warning, many manufacturers have transitioned to natural food colourings. It remains to be seen whether the UK will follow suit by banning the substance entirely, but given the recent developments in the US, manufacturers may reformulate their products across the board, where they already supply to both markets.
Baby food nutritional values
Following recent news reports of baby food products lacking key nutrients, in August 2025, the Government published voluntary industry guidelines for products aimed at children up to 36 months, setting out targets to reduce levels of sugar and salt in particular product categories, and actions businesses could be taking regarding the labelling and marketing of these products. It is noted that the reduction of sugar has to be without the use of sweeteners, as these are not permitted for use in commercial baby food. Businesses have been given 18 months to implement these targets and actions, with the Government indicating that this will remain under review until the end of February 2027, when it will consider additional or alternative measures.
What all this means for stakeholders
Taken together, these developments point to a particular trajectory: the UK is moving towards a more health-focused food system. The tightening of the promotion of HFSS products, the push for greater transparency through calorie labelling, the increased focus on baby products and the growing scrutiny of UPFs and food dyes are all part of a broader shift towards prioritising public health. For businesses in the food and drink sector, this means a period of significant change, with increased regulatory scrutiny and a need to adapt to evolving consumer expectations.
To respond effectively to these changes, the food and drink sector should stay informed on key developments in these areas and proactively adapt their practices. Adapting to HFSS regulation, (either by adapting product make-up, or complying with the restrictions on advertising and retail placement of HFSSs) and ensuring transparency and regulatory compliance in product labelling, are just the beginning. Beyond any specific regulatory duties, businesses should embrace a duty to evaluate the health risks associated with their products. The latest changes should be seen as an opportunity to enhance public health and build consumer trust.
NB this article refers to legal duties in England and Scotland, and not all UK devolved nations.
Co-authored by Rebecca Shipton and Thomas Samuel, Trainee Solicitors at CMS.
[1] Institute for Health Metrics and Evaluation. ‘Risk Factors Driving the Global Burden of Disease’ 2024. https://www.healthdata.org/research-analysis/library/risk-factors-driving-globalburden-disease
[2] Rauber F, Louzada MLDC, Martinez Steele E, et al Ultra-processed foods and excessive free sugar intake in the UK: a nationally representative cross-sectional study BMJ Open 2019;9:e027546. doi: 10.1136/bmjopen-2018-027546
[3] Processed foods and health: SACN's rapid evidence update
