Why the Scottish Government’s proposed regulations to restrict promotions of unhealthy food and drink are a good start but need to go further
26 June 2025
Last week, the Scottish Government published the long-awaited analysis and response to the consultation on proposed regulations restricting promotions of food and drink high in fat, salt and sugar (HFSS) that concluded over a year ago. The consultation had set out details of the proposed regulations, including on price and location promotions both in-store and online, and in the out of home (OOH) sector.
The Scottish Government has now outlined what will be within scope of the regulations. The regulations have been suggested to align with the current policy positions in England and Wales, reportedly offering parity for businesses across the UK. The promotion types that are within the scope of the regulations and those out of it (in orange shade) are detailed in table 1 below.
Table 1: Promotion types within and out of scope of Scottish Government's proposed regulations, by shopping sector
Graphic created by Scottish Obesity Alliance
This would mean that the regulations on price promotions will be limited to multi-buys in both retail stores and online. Placement-based promotions in stores will include checkout areas, ends of aisles, covered external areas, and store entrances. Online, these locations include on a home page, on a favourite products page, on a checkout page, on pages not opened intentionally by the consumer (e.g. pop-ups) and whilst a customer is searching or browsing for products. Notably, free standing displays are not included in the proposed regulation.
Example of online grocery shopping platform, showing a checkout page
Source: Licenced stock image
The regulations will only apply to businesses with 50 or more employees and will apply both in-store and online. Price promotions restrictions will not apply to businesses in the OOH sector (e.g. cafes and restaurants, bakeries) at this time, except unlimited/free refills for a fixed charge of soft drinks with added sugar that are disallowed. Nor are location promotions outlawed in the OOH sector.
While introducing some regulations on HFSS promotions is a positive first step, they do not go far enough and will significantly limit the effectiveness and impact of the regulations on improving the food environment in Scotland. Why so?
Looking at price promotions, significantly, meal deals and temporary price reductions (TPRs) will not be subject to restriction in the regulations. This runs contrary to data from Food Standards Scotland which highlights that TPRs are by far the most commonly used type of price promotions in Scotland, much more so than multi-buys. Further, in 2022, TPRs accounted for 14.4% (out of total of 20%) of total food and drink purchased on price promotion in Scotland, compared to only 0.1% for multi-buys.
A modelling study commissioned by Scottish Government itself further evidences that a weekly calorie reduction of more than 600 calories per person could be achieved if all types of price promotions are restricted. The calorie reduction falls significantly to only 115 calories if just multi-buy promotions are restricted. Therefore, regulating only multi-buy price promotions in the regulations will severely limit the effectiveness of the regulations for improving overall population diets, and health and weight outcomes.
Recent research from Obesity Action Scotland showcases how such promotions can lead individuals to spend more than intended and cause wasteful, unplanned spending, among Scottish households, with disproportionate impact on those from deprived backgrounds.
Where items are located within stores and online can influence and encourage their sales. Prominent locations within stores include checkout areas, ends of aisles, front of store and free-standing displays, and equivalent locations online. Positively, prominent locations within stores that are frequently used to promote and encourage sales of HFSS products, which consumers have reported to have increased impulse purchasing and feeling bombarded when they go shopping, will be within scope of the regulations.
Lessons from the experience in England, where location promotions regulations have been in place since October 2022, clearly highlight the need for comprehensive regulations, covering as many locations as possible. It is disappointing that the regulations in Scotland will not include free standing displays, and this provides a clear loophole for retailers to simply shift their promotions of HFSS products to these displays and other locations not within scope of the regulations. Avoiding exemptions is important to ensure consistency in the application of the regulations between different settings, to prevent loopholes being exploited, and to avoid undermining public understanding and confidence in the measures.
Examples of free-standing displays in stores in England
Photo credit: Prof Christina Vogel, Centre for Food Policy, City St Georges University of London
The Out of Home sector in Scotland makes a significant contribution to the population’s diet. Figures from Food Standards Scotland show that in in 2023, 98% of people living in Scotland visited the OOH sector, meaning it is used by almost everyone. The sector also makes a significant contribution to calories consumed, accounting for a quarter of all calories consumed, and much of the food offered in the OOH sector is high in fat, salt and sugar, calorie dense, often with larger portions and is heavily marketed. Despite this strong evidence, the OOH sector is not included within the scope of the promotions regulations. This will mean that unhealthy food options and promotions will continue to dominate this sector, thereby deflating the population health and weight outcomes expected from the proposed regulations.
And of course, critical to the success of any policy is how it is implemented and enforced. The regulations outline an implementation of 12 months for businesses to comply, which is more than sufficient.
In terms of enforcement, the regulations detail that local authorities will be responsible for undertaking enforcement activity. For enforcement to be effective, those undertaking the enforcement must have the necessary resources. Local authorities have expressed concern over limited capacity and resources to be able to undertake enforcement activity effectively. This is another critical lesson from the regulations in England where enforcement has been weak and inconsistent in many areas, with a lack of resources being a significant contributing factor.
Regulations to restrict the promotion of HFSS food and drink has been a key advocacy ask of the Scottish Obesity Alliance and members. Comprehensive regulations covering the entire range of price and location promotions in stores, online and out of home sector is required to deliver the transformation to the food environment we need to improve population diet and weight outcomes.