The advertising and promotions restrictions on less healthy foods are currently underpinned by the UK nutrient profiling model (NPM) 2004/2005.
The NPM is a technical tool which determines what food and drinks are 'less healthy' by balancing the beneficial nutrients against the less beneficial nutrients in these products and producing a score. Following a 2018 consultation, the Department of Health and Social Care accepted expert recommendations to adopt an updated model, leading to NPM 2018.
Far earlier than scheduled, the government has issued a consultation to gather views on how NPM 2018 would apply to:
- the Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 and the Food (Promotion and Placement) (England) Regulations 2021; and
- the implementation timelines.
Applying the new NPM to the advertising and promotions restrictions
It is proposing to apply the new NPM to the advertising and promotions restrictions. The key difference with the new NPM is that it reflects that free sugars make up no more than 5% of energy intake. This change means that some products that would be defined as 'healthier' by NPM 2004/2005 would be defined as 'less healthy' using the new NPM.
The new NPM is also slightly stricter on points for saturated fat and energy, meaning more savoury snacks will be classified as 'less healthy'. It would also bring products that are higher in free sugars into scope, such as some desserts, yoghurts, breakfast cereals and cereal bars.
However, the new NPM awards more positive points to fibre as it is strongly linked to a lower risk of heart disease, type 2 diabetes and bowel cancer in adults.
The government intends to apply the new NPM to the product categories in their current form in the legislation. However, it welcomes views on how effective the new NPM would be at capturing more of the products that contribute the most to childhood obesity.
Understanding the impact on industry
The government says that it recognises the impact that these changes will have on the food and drink industry. Many businesses have invested in reformulating their products to comply with the current NPM. It wants to provide incentives for businesses to continue innovating and reformulating further to meet these new standards. It is therefore asking about the timings of any future updates to the NPM and to consider industry investment cycles and the implementation of other regulations to provide greater certainty.
Timescale for applying the new NPM
The government suggest that 12 months is an appropriate amount of time for businesses and enforcement authorities to adapt to the new NPM being applied to the advertising and promotions restrictions. Although we would encourage food and drink manufacturers and businesses to consider whether that is a realistic timeline (and respond to the consultation accordingly).
Enforcement
The government is not proposing any changes to how the restrictions are enforced. However, it seeks views on what kind of support would be useful to enable enforcement authorities to adapt to the new NPM being applied.
The consultation ends on 17 June 2026.
