Correspondence regarding restriction on promotions of food high in fat, salt and sugar: FOI release

Information requested

All correspondence sent and received and minutes/notes from meetings held by the Scottish Government with supermarkets, shops or trade representatives about restricting promotions of food and drink high in fat, sugar or salt, from the last year.

Response

I enclose a copy of some of the information you requested.

Please find enclosed the following documents:

Document 1: Minute of meeting - Minister of Finance and Sainsburys – August 2024

Document 2: Minute of meeting - Minister for Public Health and Women’s Health and Scottish Retail Consortium – February 2024

Document 3: Minute of meeting – Scottish Government and Scottish Grocers’ Federation – April 2024

Document 4: Minute of meeting – Minister for Public Health and Women’s Health and Scottish Wholesale Association – April 2024

Document 5: Minute of meeting – SG officials and Food and Drink Federation Scotland – April 2024

Document 6: Minute of meeting – SG officials and Scottish Wholesale Association roundtable with members – May 2024

Document 7: Minute of meeting – SG officials and Scottish Grocers’ Federation – May 2024

Document 8: Minute of meeting – SG officials and Association of Convenience Stores – May 2024

Document 9: Email exchange – Scotland Food and Drink and SG officials – December 2024

Document 10: Email exchange – Scotland Food and Drink and SG officials – August 2024

Document 11: Email exchange - Scotland Food and Drink letter to Ministers – May 2024

Document 12: Email exchange - Scotland Food and Drink and SG officials (economic modelling queries) – May 2024

Document 13: Email exchange - Scotland Food and Drink and SG officials (proposals for roundtable discussion) – May 2024

Document 14: Email exchange – Food and Drink Federation Scotland and SG officials (proposals for meeting agenda) – April 2024

Document 15: Email exchange – Scotland Food and Drink and SG officials (email following publication of consultation) – February 2024

Document 16: Email exchange – Scottish Grocers’ Federation and SG officials (symbol group considerations) – April 2024

Document 17: Email exchange – Scottish Grocers’ Federation and SG officials (guidance development panel) – September 2024

Document 18: Email exchange – Scottish Grocers’ Federation and SG officials (planning members’ roundtable) – March 2024

Document 19: Email exchange – Asda and SG officials (question about Out of Home considerations) – March 2024

Document 20: Email exchange – UK Hospitality and SG officials (question about considerations of online restrictions) – May 2024

Document 21: Email exchange – Scottish Wholesale Association and SG officials (symbol group clarification) – May 2024

Document 22: Email exchange – Association of Convenience Stores and SG officials (request for meeting with officials) – May 2024

Document 23: Email exchange – Association of Convenience Stores and SG officials (request for meeting with officials) – May 2024

Document 24: Email exchange – Association of Convenience Stores and SG officials (guidance development panel) – September 2024

Document 25: Email exchange – Scottish Retail Consortium and SG officials (guidance query) – May 2024

Document 26: Email exchange – Scottish Retail Consortium and SG officials (RRG meeting) – March 2024

Document 27: Email exchange – Scottish Retail Consortium and SG officials (request for meeting with officials)

Document 28: Email exchange – Scottish Retail Consortium and SG officials (query on considerations of floorspace calculations) – February 2024

Document 29: Email exchange – Scottish Retail Consortium and SG officials (query on meal deal considerations) – August 2024

Document 30: Email exchange – Food and Drink Federation Scotland and SG officials (query on specialist shops) – July 2024

Document 31: Email exchange - Food and Drink Federation Scotland and SG officials (agenda for meeting with Minister) – May 2024

Document 32: Email exchange - Food and Drink Federation Scotland and SG officials (update on consultation publication) – January 2025

Document 33: Email exchange - Food and Drink Federation Scotland and SG officials (request for update) – November 2024

Document 34: Meeting minutes – Federation of Small Businesses and SG officials – May 2024

Document 35: Meeting minutes – Minister for Public Health roundtable with stakeholders Population Health Framework – September 2024

Document 36: Email exchange – Food and Drink Federation Scotland (guidance development panel) – September 2024

Document 37: Email exchange - Food and Drink Federation Scotland and SG officials (NPM guidance) – September 2024

Document 38: Email exchange – Scottish Retail Consortium and SG officials (guidance development panel) – September 2024

Document 39: Email exchange – Scottish Wholesale Association and SG officials (request for update) – December 2024

Document 40: Email exchange – Scottish Wholesale Association and SG officials (guidance development panel) – September 2024

Document 41: Email exchange – Scottish Wholesale Association and SG officials (symbol groups) – August 2024

Document 42: Email exchange – Boots letter to Cabinet Secretary for Economy following Scottish Retail Consortium Board Meeting – May 2024

Document 43: Email – Letter from Federation of Independent Retailers to Cabinet Secretary for Economy – May 2024

Document 44: Meeting minutes – Scottish Retail Consortium meeting with Cabinet Secretary for Economy – May 2024

Document 45: Meeting minutes – Scottish Grocers’ Federation meeting with Minister for Employment and Investment – November 2024

Document 46: Email exchange – Asda letter to Cabinet Secretary for Economy – May 2024

Document 47: Meeting minutes – Hospitality representatives and SG officials – March 2024

Document 48: Email exchange – Association of Convenience Stores and SG officials (request for update)

Document 49: Email exchange – Ms Tillys and SG officials (request for update)

Some of the information you have requested has been published online:

Regulatory Review Group minutes: March 2024 - https://www.gov.scot/publications/regulatoryreview-group-minutes-march-2024/

Retail Industry Leadership Group meeting minutes: March 2024- https://www.gov.scot/publications/retail-industry-leadership-group-meeting-minutes-march-2024/

Business: New Deal for Business Group Minutes: June 2024 - https://www.gov.scot/publications/new-deal-for-business-group-minutes-june-2024/

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Reasons for not providing information

An exemption applies, subject to the public interest test

An exemption under section s.27(1) of FOISA (information intended for future publication) applies to some of the information you have requested. Some information relating to the 2024 consultation on the restriction of promotions of food and drink high in fat, salt or sugar is planned for publication within the next twelve weeks.

An exemption under section 29(1)(a) of FOISA (The formulation or development of Scottish Government policy) applies to some of the information requested. This exemption applies to information relating to policy that is currently being developed. This exemption is in place to allow open and honest discussions within government about policy matters and to ensure these discussions will not be made public before policies are fully developed. It helps to ensure that government officials can have candid conversations while formulating policies that affect the public without the immediate requirement for full disclosure.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers and officials to have a private space within which to discuss and seek advice and views from external stakeholders before the Scottish Government reaches a settled public view.

These exemptions are subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.

We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers. It is in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies. They need full and candid advice from officials to enable them to do so.

There is also greater interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on proposals to restrict the promotion and marketing of foods high in fat, sugar or salt, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by food and drink businesses. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

An exemption applies

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information, specifically the names of Scottish Government staff and names of external stakeholders. Disclosing this information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Information is out of scope of the request

Where information has been identified as out of scope of your request, this has not been included. ‘Out of scope’ is defined as information relating to policy areas other than those included in your request and some background information that does not relate to the policy area detailed in your request.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500451984 - Information Released - Documents 1-49

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