Food (Promotion and Placement) (Scotland) Regulations 2025: equality impact assessment

Recommendations and Conclusion

This EQIA has been undertaken as part of the development of a suite of impact assessments. This EQIA sets out a summary of the findings that have informed decisions on the final policy to restrict promotions of food and drink high in fat, sugar or salt, which is set out in the Scottish Government response to the consultation.

In summary, the policy to restrict promotions of targeted HFSS food and drink is a population level intervention. The feedback and evidence set out in this EQIA suggests that the policy may have differential impacts across different population groups, primarily due to differences in consumption patterns, shopping behaviours and responsiveness to promotions.

Overall, the policy is expected to have a positive impact on public health across all population groups by limiting exposure to HFSS promotions and reducing excess purchase (and consumption) of targeted HFSS foods, supporting healthier choices. Children in particular were identified as likely to benefit from this policy, given their higher consumption of HFSS foods compared to adults. However, given levels of overweight and obesity amongst adults, the policy is also anticipated to have a meaningful, positive impact across older age groups.

There may be some differential impact of the policy on different population groups depending on where people shop, and their exposure to promotions, although evidence is limited. For example, discounters are less reliant on volume price promotions compared to supermarkets. Therefore, groups who shop more frequently in discounters, such as communities who have lower than average incomes, may not be exposed to promotions to the same extent, potentially limiting the impact of the policy amongst these groups. This will be mitigated in part by the fact that location restrictions will apply in these stores, so the policy is still expected to have a positive impact on these groups.

The food categories within scope of promotions restrictions align with equivalent policies in England and Wales. These are food categories that are significant contributors of calories, fat, and sugar to the Scottish diet, and are the food categories of 'most concern to childhood obesity' as described in the UK-wide reformulation programmes.

Evidence suggests that groups more reliant on particular foods within scope of restrictions, such as ready meals, could possibly be slightly negatively impacted by the policy in terms of the affordability and availability of these foods. However, only the promotion of targeted HFSS foods will be restricted so availability is unlikely to be affected. HFSS options would still be available to purchase, and healthier versions may become cheaper. Some evidence from a Leeds University evaluation of location promotions in England suggested that three out of four manufacturers involved in the study were factoring in restrictions as part of reformulation plans. This suggests that some products currently HFSS may be reformulated to be healthier and potentially continue to be offered on promotion. In addition, evidence shows that promotions do not always offer best value and can lead to consumers overlooking cheaper alternatives or purchasing more than they need or intend to get the discount. Also, targeting fewer food categories would reduce the positive public health impact of the policy across all population groups.

Whilst regulations will not directly increase the costs of non-HFSS products, and HFSS products will still be available to purchase, feedback from businesses suggests that divergence from equivalent policies in England and Wales could lead to higher implementation costs for businesses in Scotland. This could indirectly impact different populations groups if businesses passed on these costs to consumers, for example in the form of higher food prices. This is a significant consideration given current cost of living pressures and is considered in the Fairer Scotland Duty Impact Assessment.

Wider policy landscape

Focusing on transforming the food environment is more likely to help improve diet and weight and be more effective in reducing health inequality than only encouraging individual behaviour change. As set out earlier in this assessment, the promotion of less healthy food and drink is a population level intervention and is expected to have an impact across population groups. These regulations will restrict the promotion of targeted HFSS foods to reduce volume and impulse purchase of these products. The policy is not intended to restrict availability, choice, or access to food.

However, this policy alone will not deliver the scale of change required to improve diet and levels of healthy weight in the Scottish population. Inequalities in health are determined by wider, socio-economic factors, and a multi-faceted approach is needed. At both national and local level, the Scottish Government is taking wide ranging action to improve diet and support people to be a healthy weight. This includes, among other things, nutritional standards to support healthier food provision in schools, free school meals, information, advice and support for families through Parent Club and Best Start Foods, and improving availability of healthier food in local communities through the Scottish Grocers Federation Healthy Living Programme.

Monitoring and review

The importance of robust monitoring and review of the policy is recognised.

Public Health Scotland are leading a programme of evaluation research supported by an Evaluation Advisory Group which includes economic and analytical advisers across Public Health Scotland, Food Standards Scotland and Scottish Government with policy officials and additional input from academics. It has implemented a range of studies to assess the baseline situation against which to compare progress and impacts at a later stage. Inequality assessment, where feasible, is a key part of this work.