Just weeks after some of the HFSS regulations for England were delayed until next year, the Scottish government has outlined its own plans to restrict the promotion of unhealthy food & drink.
In a consultation launched at the end of last week, the Scottish government set out a range of options for the number of categories of product that would be included within its HFSS restrictions, as well as the restrictions themselves, which fall into two main categories – location restrictions and promotional restrictions.
Location restrictions: Proposals for Scotland include restricting the placement of HFSS products in the following areas:
- Checkout areas, including self-service.
- End of aisles.
- Front of store, including store entrances and covered outside areas connected to the main shopping area.
- Island/bin displays.
Promotional restrictions: The proposals include restricting the following types of promotion for HFSS products in store:
- ‘X for Y’ promotions, such as buy one get one free, extra free and 3 for 2 offers.
- ‘X for £Y’ promotions such as 3 for £2.
- Temporary price reductions, such as 10% off for a limited period.
- Meal deals.
- Unlimited refills for a fixed charge.
Scotland’s proposals are different to those coming into force in England, which do not include restrictions on meal deals and temporary price reductions, or location restrictions on island/bin displays. However, they do closely mirror the proposals currently being considered in Wales that were unveiled last month.
The consultation for Scotland does not set out a preferred approach to exemptions from the regulations, instead asking whether the exemption should be based on the number of employees in a business, or the relevant square footage of the store. The regulations in England set out exemption criteria for businesses with fewer than 50 employees, and stores under 2,000 sq. ft.
ACS Chief Executive James Lowman commented: “We remain very concerned about the prospect of slightly different and even more confusing rules on restricting HFSS products and promotional activity in Scotland and Wales compared to England, and will be responding to the consultations in due course to outline the problems that differing HFSS rules will have on our members.”
In May, the British government delayed some of the planned restrictions on promoting HFSS food and drink due to come into force in England as part of measures to mitigate the ongoing cost of living crisis.
A ban on promotions such as BOGOFs or 50% extra free deals in supermarkets and convenience stores has been put back until October 2023. However, the implementation of placement restrictions on HFSS products in high-profile locations such as aisle ends and checkouts will go ahead this autumn as planned.
Tesco and Sainsbury’s have since announced that they will still go ahead with the ban on volume-led promotions from October as part of their own initiatives to support consumers in making healthier choices when shopping in their stores.
NAM Implications:
- ‘prospect of slightly different and even more confusing rules…
- …on restricting HFSS products and promotional activity…
- …in Scotland and Wales compared to England’.
- It’s called bureaucracy, folks!
- And will run and run…
