Restricting promotions of food and drink high in fat, sugar or salt – Consultation on the detail of proposed regulations

Overview

Improving diet and levels of healthy weight remains a public health priority for this Government. As part of a range of action to improve diet, and help create a food environment which better supports healthier choices, we remain committed to restricting promotions of food and drink high in fat, sugar or salt (HFSS) at the point of purchase.

This consultation seeks views on the detail of proposed regulations to restrict the promotions of HFSS foods where they are sold to the public, including across retail and out of home settings, both in-store and online. The types of foods we are proposing to target include, among other things, confectionery, cakes, crisps, savoury snacks and soft drinks with added sugar. Promotions we are considering include among other things, multi-buys, temporary price reductions, meal deals and positioning restrictions, such as at checkouts and front of store.

The primary aim of the policy is to reduce the public health harms associated with the excess consumption of calories, fat, sugar and salt, including the risks of developing type 2 diabetes, various types of cancer and other conditions such as cardiovascular disease. We are also aware of the need to reduce diet-related health inequalities, including in relation to socioeconomic disadvantage, and for the policy to support our aim to halve childhood obesity by 2030.

Restricting the promotion of less healthy food and drink is intended to make it easier for people to spend less on HFSS products and make healthier choices, in line with our public health priority to create a Scotland where everyone eats well and has a healthy weight.

Our consultation proposals have been informed by the feedback to our 2022 consultation and extensive engagement with stakeholders, including from roundtables held in November and December 2023. Collectively, this feedback has helped to refine our proposals and identify areas for further consideration and consultation.

In this consultation, we are seeking views on the detail of proposed regulations to restrict HFSS promotions including:

• targeted foods within the scope of restrictions;
• price promotions within the scope of restrictions, including meal deals and temporary price reductions;
• the approach to placement restrictions of targeted foods in store and online;
• the qualifying businesses within the scope of restrictions, including proposed exemptions; 
• the proposed approach to enforcement and implementation.

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

This consultation is open until 21st May 2024. 

A partial Business and Regulatory Impact Assessment (BRIA) has been prepared and accompanies the consultation document. We are encouraging businesses to provide any data and relevant information to assist with further developing the final BRIA. Submissions can be made directly to DietPolicy@gov.scot.

Why your views matter

This consultation is an opportunity to provide your views on the detail of proposed regulations to restrict promotions of food and drink high in fat, sugar or salt (HFSS) at the point of purchase.

What happens next

The consultation has now closed. If you were unable to respond by the deadline, please contact us at dietpolicy@gov.scot. Responses received up to 28 May will be accepted and included in the analysis of this consultation.

If responding after the closing date, please complete the respondent information form and email to dietpolicy@gov.scot