High Fat, Sugar and Salt (HFSS): what this month’s free-refills change means for you

From 1 October 2025, the government’s High Fat, Sugar and Salt (HFSS) rules tightened again: businesses with 50+ employees can no longer offer free refills on sugary soft drinks. If you’re a smaller independent, this may not touch you directly – but it’s worth 2 minutes, especially if you operate under a brand, group or franchise where the combined headcount tips over 50.

Why this is interesting

Earlier HFSS advertising rules aimed at big brands used a 250+ employees threshold (with exemptions for smaller firms). By contrast, the promotions/placement rules – including this free-refills change – use a 50+ employees threshold. Different policy areas, different thresholds, but the direction of travel is clear: tightening over time. We’ll keep you ahead of it.

So what’s actually changed?

Free top-ups of drinks classed as HFSS (think full-sugar colas/lemonades, sweetened milk or juice drinks) are now off the table for larger operators. Water and zero-sugar options can still be offered as free refills. Enforcement should be “supportive first” (usually an improvement notice before any fines), but if you’re in scope, tidy up offers and signage.

If you are in scope: the quick fix

• Remove free refills on sugary soft drinks.
• Keep free refills for zero-sugar and water only.
• Update menus / signage / website & apps, and brief staff (simple line: “Free refills are available on zero-sugar soft drinks and water.”).

We’re on your side
You might remember our Empower Independents work – we secured small-business protections in the original HFSS advertising rules so independents could keep using their own social channels. It’s been quiet for a while, but this shows the policy environment is still moving. Today it’s 50+; tomorrow the net could widen. We’re on watch – and with the strength of our member community behind us, we’ll keep identifying potential issues and fighting your corner.

What we’re pushing for now:
Get Involved ahead of the Autumn Budget

We’re calling for targeted support to keep independents alive on our high streets:

• Reduce VAT for hospitality in line with Europe (~10–13%).
• Raise the VAT threshold (from £90k → £150k) and introduce VAT smoothing so small firms aren’t punished for growing.
• Scrap 20% VAT on hot food sold for immediate consumption.
• Fix business rates: bring in the new regime quickly and permanently reduce the burden on small venues.
• Reverse the Employer NIC increase that’s hitting a sector reliant on part-time/returning workers.
• Energy fairness: give hospitality access to domestic-style protections on commercial energy.

Why it matters:

independents run on wafer-thin margins and act as cultural and social anchors – employing local people, driving footfall, and keeping high streets alive. NCASS represents 6,500+ members across bars, restaurants, cafés and mobile/event catering and we’re pressing for a fairer deal so viable businesses aren’t lost to mounting costs and policy drag.

Take 5 minutes and push for change for your business and the wider sector.