Scottish government publishes 'less healthy foods' promotion and placement regulations

Zoe Betts and Fiona Cameron of Pinsent Masons were commenting following the publication of the Scottish government’s The Food (Promotion and Placement) (Scotland) Regulations 2025. The regulations will place restrictions on the promotion and placement of certain ‘less healthy’ foods and drinks, effective from 1 October 2026.

The regulations, which have now been laid before the Scottish Parliament, follow a consultation carried out last year on proposals to restrict the promotion of food and drink products in Scotland that have a high fat, sugar or salt content (HFSS), and the government’s subsequent response, which was published in June.

New restrictions will apply to food categories said to contribute significantly to calories, fat and sugar in the Scottish diet. The regulations also limit the promotion of pre-packed food and drink products within targeted HFSS categories, as well as restrict the placement of these products in prominent locations, either in-store or online. Price promotions, such as multi-buy offers and free refills of sugary soft drinks, will be banned altogether.

The regulations largely mirror equivalent regulations in England and Wales, where placement restrictions have been in force since October 2022 and restrictions on price or multi-buy promotions came into force on 1 October 2025. Jenni Minto, Scottish minister for public health and women’s health said in a statement that the regulations would seek “to reduce the public health harms associated with the excess consumption of calories, fat, sugar or salt, including the risks of developing type 2 diabetes, various types of cancer and other conditions such as cardiovascular disease”.

The new Scottish restrictions on targeted food and drink categories will affect a range of products, including confectionery, cakes, crisps and soft drinks with added sugar. However, the new rules will only apply to pre-packed HFSS food and drink products, as defined by the 2004-05 nutrient profiling model (NPM). 

For the time being, non-prepacked products, such as loose bakery items, will generally be out of scope of the Scottish regulations. There is one notable exception concerning unlimited refills of soft drinks for a fixed charge, where non-prepacked soft drinks with added sugar will fall within the scope of the restrictions. Research by the Scottish government suggests soft drinks with added sugar alone have contributed around 8% to the average intake of free sugars in children Scotland in 2024.

The price and location restrictions will apply to qualifying businesses, including retail, wholesale outlets where there are also sales to the public, and other outlets, such as clothes shops, which sell targeted HFSS foods.

A qualifying business will be a business with 50 or more employees that offers prepacked targeted foods – or non-prepacked soft drinks with added sugar in respect of unlimited refills for a fixed charge – for sale in store or online to the public. Having considered the consultation responses, the Scottish government decided that out of home businesses, such as restaurants and cafes, will not fall within the scope of the restrictions, except in relation to unlimited refills for a fixed charge of soft drinks with added sugar.

Manufacturers will generally not be considered a qualifying business unless they are selling prepacked targeted foods directly to the public. As in England and Wales, there are exemptions from the price and location restrictions for some types of business, including care homes and schools, and for certain charitable activities, such as bake sales.

Location restrictions will also not apply to specialist businesses with a limited product range, such as chocolatiers and sweet shops. Nor will they apply to stores with a floor area of less than 185.8 square metres. 

The Scottish government has also confirmed that the restrictions will not apply to temporary price reductions or free-standing display units, as had been originally proposed. Meal deals will also be excluded from the new restrictions.

Zoe Betts, a regulatory law expert at Pinsent Masons, said the new regulations would be welcome to businesses seeking a consistent approach across England, Wales and Scotland. However, she added the success of the new regulations in helping the public make better food choices in Scotland would hinge on effective enforcement.

“The ability of Food Standards Scotland (FSS) and local authorities to meet their existing obligations in relation to food safety and standards has already been called into question,” she said. “Adding an additional burden to their already stretched resources is likely only to make matters worse. If the regulations are to pay anything more than lip service to their stated aims – and to ensure there is a level playing field for businesses in scope – then additional resourcing and upskilling of staff will be required as a matter of urgency.” 

The regulations are expected to come into effect in Scotland on 1 October 2026 to give businesses time to prepare for the new restrictions. 

Separately, new UK-wide restrictions on advertising less healthy food and drinks were due to come into force on 1 October 2025. However, their implementation was postponed until 5 January to allow businesses, advertisers and broadcasters more time to get up to speed with the new rules