Restrictions on the promotion and placement of foods high in fat, sugar, or salt (HFSS): FOI release

Information requested

• Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, restrictions on the promotion and placement of foods high in fat, sugar, or salt (HFSS), from the last month (May 26 to June 26).
• Could you restrict the correspondence to emails received from external groups/bodies/businesses and ministerial advice from officials?

Response

Please find enclosed the following documents:

Document 1: Consultation on the detail of proposed regulations to restrict promotions of food and drink high in fat, sugar or salt - Update from Scottish Government

Document 2: Consultation on the detail of proposed regulations to restrict promotions of food and drink high in fat, sugar or salt - Update from Scottish Government

Document 3: For consideration Launch of PHF and SRF - Comms handling

Document 4: HFSS Promotions Restrictions - Meeting Minute - 14 May 2025

Document 5: For Clearance - HFSS public consultation -SG response - A response by return is requested

Document 6: HFSS Promotions Restriction Announcement - Q&A

Document 7: Diet and healthy weight - Promotions - Decision to regulate- Top lines and Q&A - June 2025

Document 8: HFSS Promotions Regulation Announcement - Priority Urgent

Document 9: Food Categories in Scope 13 June 2025

Document 10: Speaking Note - OAS and Scottish Obesity Alliance Conference - 10 June 2025 - Ms Minto

Document 11: Briefing pack - OAS and Scottish Obesity Alliance Conference - 10 June 2025 - Ms Minto

Document 12: Briefing for Ministerial Working Group on Food Meeting on 5 June

Document 13: Diet and Healthy Weight - Ministerial Briefing Pack

Document 14: HFSS Regs Categories

Document 15: Diet - Briefing for PS Meeting with Nesta - DG Health Contribution - A healthy life mission - 26 June 2025

Document 16: Combined policy briefs and face pages _reduced (separate from the combined document)

Document 17: 4 nations HFSS policy catch up - 22 May 2025 - Summary Note - England amend

Document 18: Roundtable with F&D, Hospitality and Retail Stakeholders

Document 19: Diet - Promotions - Bid Template - Updated - May 2025

Document 20: For initial Consideration - Ministerial Statement - Publication of PHF and SRF

Document 21: Joint Ministerial Statement - PRF SRF HFSS Promotions - Key actions

Document 22: Briefing Materials and Draft Letter Ahead of PHF SRF Announcements - Updated Committee Letter

Document 23: Ministerial Statement - Briefing Pack - 17 June 2025

Document 24: Ministerial Statement - Summary of Publications - 17 June 2025

Document 25: Population Health Framework - publication timing

Some of the information you have requested is available from:

• Creating a healthier Scotland - gov.scot
• Restricting promotion of food and drink high in fat, sugar or salt: consultation analysis - SG response - gov.scot
• Restricting promotions of food and drink high in fat, sugar or salt: consultation analysis - gov.scot
• Population Health Framework and the Health and Social Care Service Renewal Framework | Scottish Parliament Website
• Restricting the promotion of high fat, salt and sugar foods: implementation guidance
• 6_-_FSS_nutrition_recommendations_-_final_-_June_25.pdf
• Meeting of the Parliament: 17/06/2025 | Scottish Parliament Website
• SRC: HFSS Promotions Restrictions a Sensible Compromise

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

Section 28(1) – relations within the UK [in relation to communications between the SG and another UK administration]

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government, Welsh Government and Northern Ireland Executive. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations over policy development. The release of these communications about High Fat, Salt and Sugar will mean that the UK Government, Welsh Government and Northern Ireland Executive is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 maintaining good relations between the Scottish Government and the UK Government, Welsh Government and Northern Ireland Executive, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as restricting promotions of HFSS foods. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 29(1)(a) – formulation or development of government policy

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.

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on restricting promotions of HFSS foods will substantially inhibit the provision of such advice in the future.

This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 full and frank advice to Ministers, as part of the process of exploring and refining the Government’s policy position on restricting promotions of HFSS foods, until the Government as a whole can take a final decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policymaking process, which would not be in the public interest.

Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on restricting promotions on HFSS foods will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing as to the delivery of the policy.

This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 Ministers and officials a private space within which to explore and refine the Government’s policy position on restricting promotions of HFSS foods, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 36(1) – legal advice

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section 38(1)(b) – applicant has asked for personal data of a third party

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 202500476953 - Information released - Annex A

File type

PDF

File size

2.6 MB

FOI 202500476953 - Information released - Annex B

File type

PDF

File size

4.0 MB