Restricting promotions of food and drink high in fat, sugar or salt: consultation

Footnotes

1. Food(s) in this consultation refers to food and drink.

2. As per Guidance on what drinks are liable/exempt for the Soft Drink Industry Levy.

3. The nutrient profiling model was developed by the Food Standards Agency (FSA) in 2004- 2005 to provide Ofcom, the broadcast regulator, with a tool to differentiate foods on the basis of their nutritional composition, in the context of television advertising foods to children.

4. Targeted foods – Food and drink products that will be subject to promotions restrictions in Scotland. Our proposed targeted foods are set out in section 1 of this consultation paper.

5. The prominent display of products away from other products to increase their visibility. Island/bin displays may be at end of aisles, in the middle of a store, or in other highly noticeable places.

6. A definition of this term is provided in the glossary of terms at Annex C.

7. Scottish Government (2020) Scottish Health Survey – telephone survey – August/ September 2020: main report; Chapter 4: Diet, Obesity & Food Insecurity

8. Public Health Scotland (2021) Primary 1 Body Mass Index (BMI) statistics Scotland - School year 2020 to 2021 - Primary 1 Body Mass Index (BMI) statistics Scotland

9. UK Government (2020) Sugar reduction and wider reformulation

10. UK Government (2016) Soft Drinks Industry Levy - Policy paper

11. The Scottish Government's Reformulation for Health Programme through the Food and Drink Federation Scotland supports Scottish SMEs to reformulate their products.

12. Free sugars are any sugars added to food or drink products by the manufacturer, cook or consumer in addition to those naturally found in honey, syrups and unsweetened fruit juice.

13. Kantar Out of Home 2020 data purchased by Food Standards Scotland (unpublished))

14. Chandon P, Wansink B. (2002) When are stockpiled products consumed faster? A convenience-salience framework of post-purchase consumption incidence and quantity. Journal of Marketing Research. 39:321–35

15. Revoredo-Giha and McNamee et al (2022) Economic modelling: reducing health harms of foods high in fat, sugar or salt – final report

16. Public Health England (2020) An analysis of the role of price promotions on the household purchases of food and drinks high in sugar, and purchases of food and drinks for out of home consumption

17. Food(s) in this consultation refers to food and drink

18. As per Guidance on what drinks are liable/exempt for the Soft Drink Industry Levy.

19. The nutrient profiling model was developed by the Food Standards Agency (FSA) in 2004- 2005 to provide Ofcom, the broadcast regulator, with a tool to differentiate foods on the basis of their nutritional composition, in the context of television advertising foods to children.

20. The detail of our proposals for free refills of non-pre-packed soft drinks with added sugar is set out at paragraph 87.

21. Dairy desserts include, among other things, yogurts, custards and rice puddings.

22. Pre-packed means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging. Pre-packed food' does not cover foods packed on the sales premises at the consumer's request or pre-packed for direct sale.

23. Targeted foods – Food and drink products that will be subject to promotions restrictions in Scotland. Our proposed targeted foods are set out in section 1 of this consultation paper.

24. Unlimited amounts of a particular product are in effect a form of 'flexible' buy one get x free where the additional quantity given away for free is not fixed.

25. Data on price promotions from Kantar defines multi-buys as including buy one get one free and 3 for 2 offers. Extra free style deals are captured within 'other' promotions.

26. Kantar Out of Home 2020 data purchased by Food Standards Scotland (unpublished)

27. Food Standards Scotland (2022) Exploring the impact of COVID-19 on retail purchase and price promotion in Scotland between 2019 and 2020

28. Food Standards Scotland (2020) Monitoring retail purchase and price promotions in Scotland (2014 - 2018)

29. Figures shown apply to discounts in the range of 5 to 25%. A similar difference is present at all levels of discount analysed (up to 55%)

30. "Multi-buys" are defined in this report as (a) two or more separate products sold together to obtain a discount or (b) one or more products given free as a result of a purchase.

31. The prominent display of products away from other products to increase their visibility. Island/ bin displays may be at end of aisles, in the middle of a store, or in other highly noticeable places.

32. The detail in respect of our proposals to target pre-packed and non-pre-packed foods is set out at paragraphs 73-74.

33. Shaw et al (2020) A systematic review of the influences of food store product placement on dietary-related outcomes, Nutrition Reviews, 78 (12);1030–1045

34. Hollands et al (2019) Altering the availability or proximity of food, alcohol and tobacco products to change their selection and consumption (Review). Cochrane Database of Systematic Reviews 2019(8) Art no. CD012573

35. Bucher et al (2016) Nudging consumers towards healthier choices: a systematic review of positional influences on food choice. British Journal of Nutrition;115(12):2252-63.

36. Referred to as placement restrictions in our previous consultation. We have revised our terminology here to be consistent with UK Government terminology and avoid confusion.

37. The prominent display of products away from other products to increase their visibility. Island/bin displays may be at end of aisles, in the middle of a store, or in other highly noticeable places.

38. Mintel (2019) Brits spent £12.3 billion on online groceries in 2018

39. Food Standards Scotland (2020) The Out of Home Environment (2019)

40. Food Standards Scotland (2022) Exploring the impact of COVID-19 on retail purchase and price promotion in Scotland between 2019 and 2020

41. Food Standards Scotland (2021) The impact of Covid-19 on the out of home sector in Scotland

42. The detail in respect of our proposals to target pre-packed and non-pre-packed foods is set out at paragraphs 73-74.

43. Kantar Out of Home 2020 data purchased by Food Standards Scotland (unpublished))

44. Food Standards Scotland analysis of data from Kantar (online retail spend, 2021 (unpublished))

45. The detail in respect of our proposals to target pre-packed and non-pre-packed foods is set out at paragraphs 73-74.

46. Rapid review: Trade responses to the restrictions on the marketing of unhealthy commodities, Public Health Scotland (forthcoming publication)