Making healthier food choices easier

Following the passing of regulations by Parliament last year, new restrictions will be introduced from 1 October 2026 in Scotland to support people to make healthier food choices.

Businesses with more than 50 employees will no longer be allowed to display prepackaged junk food such as sugary soft drinks, confectionary, biscuits and breakfast cereals in prominent locations, such as entrances, checkouts and at aisle ends.

Certain price promotions including free refills of sugary soft drinks will also be restricted.

The regulations, which will apply both in-store and online, are intended to create a healthier balance of products on offer, support healthier eating habits and help lower levels of obesity.

Similar restrictions are already in place across England and Wales.

Public Health Minister Maree Todd said: “We want to make it easier for people to live healthier lives.

“In Scotland, two out of three adults are overweight or obese, with those living in our poorest areas more likely to be overweight and experience the most harm as a result.

“We know that promotions and the prominent product placement can encourage over-consumption and impulse buying of foods with high levels of calories, fat, sugar and salt.

“By restricting the promotion of less healthy food and drink we can make it easier for people to make healthier choices, improving health and wellbeing and create a Scotland where everyone eats well and has a healthy weight.

”We have engaged extensively with business and industry extensively in developing this approach.  These restrictions strike a balance between improving the health of people in Scotland whilst reducing any potential effects on smaller businesses and shops.”

Ewan MacDonald-Russell, Deputy Head of the Scottish Retail Consortium, said:

"Scotland's retailers are committed to helping consumers make healthier choices. For example, fresh fruit and veg are heavily price promoted and grocers have led the way on reformulating products to reduce salt, sugar, and fat. We’ve pioneered traffic light labelling and signage to help consumers make informed choices.

"We believe these new regulations are proportionate and will enhance the positive work being done by retailers in supporting consumers to make healthier food and drink choices. The choice to implement a consistent model with other UK nations should simplify and reduce the cost of implementation: albeit retailers will still invest around £20 million to deliver the policy.

“We hope this approach, where industry is meaningfully consulted and government acts in a constructive manner, can serve as a model going forward as we work in partnership to make Scotland a healthier and wealthier nation."

Background

Restrictions on the placement and promotion of high fat, sugar and salt foods form part of the Food (Promotion and Placement) (Scotland) Regulations 2025. Local authorities will be responsible for enforcing the regulations. 

The regulations will apply both in-store and online, including in supermarkets, convenience stores, department stores, retail outlets in transport hubs such as train stations.  The regulations will apply to businesses that have 50 or more employees.

The regulations apply to certain categories of pre-packed high fat sugar and salt (HFSS) food and drink products, including sugary soft drinks, confectionery, biscuits, cakes, ice cream, savoury snacks, breakfast cereals, sweetened dairy products and a number of convenience meal products such as pizzas, ready meals, chips and breaded foods.  

Not all products within these categories will be in scope, with products assessed using the UK 2004/05 Nutrient Profiling Model (NPM) to determine whether a product is high in fat, salt or sugar. 

Prepacked food is food packaged before sale so that the contents cannot be altered without opening the packaging. It does not include food packed at a customer's request or prepacked for direct sale, such as a freshly made baguette packaged and sold on the same premises.