News on advertising less healthy food and drinks just keeps coming — the Food Standards Agency (FSA) in Northern Ireland and the Department of Health are now consulting on introducing restrictions on the promotion and placement of products high in fat, sugar and salt (HFSS) in Northern Ireland.

The measures would bring Northern Ireland in line with similar measures elsewhere in the UK, aiming to support a consistent UK-wide approach to creating a food environment that promotes healthier choices and reduces overconsumption of HFSS products.

The proposed restrictions would apply to certain volume price promotions, the placement of HFSS products in prominent retail locations, and free refill promotions for sugar-sweetened soft drinks.  The consultation also proposes taking the same approach in Northern Ireland as the UK government applied in Great Britain to determine which businesses are within the scope of the restrictions.

However, the Northern Ireland consultation is also grappling with the issue of whether to base its regulation on the 2004/05 UK Nutrient Profiling Model, which is the current basis for classifying foods and drinks as "less healthy" across existing advertising and promotions policy in Great Britain. As wrote earlier this year, the UK government recently consulted on implementing an updated 2018 Nutrient Profiling Model, and so there is now the possibility that future regulations could be based on either the existing 2004/05 model or the updated 2018 version.  As a result, the Northern Ireland consultation considers whether the new regulations should use the existing 2004/05 model, the updated 2018 model or the 2004/05 model and then review it at a later date.

Enforcement

Enforcement in Northern Ireland is expected to be undertaken by local councils, consistent with arrangements for other food law controls. Two enforcement approaches are being considered: enforcement through improvement notices and criminal prosecution only; and exploring the introduction of monetary sanctions as an alternative to criminal prosecution. Under either option, the FSA would provide clear guidance, support a consistent enforcement approach across local councils, and provide a suitable implementation period (for example, 12 months).

The consultation ends on 21 October 2026.  The FSA and Department of Health will analyse the consultation responses to identify key themes and to decide if there is sufficient support for the proposals. Subject to this, they may consult further to refine their approach.