Food and drink promotions: government response

To: Professor Russel Griggs OBE, Chair, Regulatory Review Group

From:  Neil Gray, Cabinet Secretary for Health and Social Care

Dear Professor Russel Griggs, 

Thank you for your letter dated 23 December 2025 and the Regulatory Review Group’s (RRG) continued interest in regulations to restrict the promotion of food and drink high in fat, sugar or salt (HFSS). 

As the forum for the early identification and mitigation of implementation challenges associated with regulations my officials welcomed the invitation to return to this forum on 27 November 2025. 

I thank you for the recommendations set out by the RRG, and earlier recommendations that have supported the development of public health policy implementation and regulation. I note your letter highlights two areas for consideration as we progress towards implementation – clear guidance on retailers and products in scope; and the cumulative impact of regulations including that on tobacco and vaping – and will take each in turn below. 

Clear guidance on which retailers and which products are to be affected by the restrictions must be produced and circulated ahead of commencement, as part of broader communication of the changes to retailers and consumers 

My officials continue to engage business stakeholders as part of the development of guidance to support implementation of the policy. This includes drawing on the feedback of stakeholders on the recent publication of guidance by the Welsh Government which was developed with business representatives in Wales. 

A group of key business stakeholders has been reconvened, now that the regulations have been finalised, to discuss the regulations and associated guidance. This group is due to meet again on 20 January to explore what further clarity business require to ensure all parties understand what is expected of them and their responsibilities for ensuring compliance. This will include focused discussion on franchises and symbol groups to ensure that guidance on this aspect of the regulations is clear and that feedback provide to the UK Government and Welsh Government is included in the Scottish guidance. 

As part of the suite of guidance and information material in development my officials are working to ensure the general public are aware of the changes as part of a consumer communication strategy to support effective implementation including through the summer period and into Autumn before the regulations come into force. 

I agree with your advice that clarity of guidance and communications is key for successful policy implementation and look forward to continuing to work with the retail sector and others as we develop the guidance. 

Cumulative Impact of Regulations
I note the better regulation work advanced under the New Deal agenda and I am alive to the potential pressure of cumulative regulatory burden on business. I recognise that where it is feasible, ensuring implementation of different regulations that may affect similar business sectors come into force on a single date is preferable in many instances. In relation to tobacco and vaping regulations and regulation of promotion of foods high in salt, sugar and fat, as you note, some aspects are part of cross-UK activity and the Scottish Government has therefore had more limited ability to achieve that on this occasion. 

I have noted the RRG’s recommendation and, where possible, will ensure my officials consider alignment of commencement dates for regulations that affect a specific business sector.

I am grateful to you and RRG members for their continued advice on the effective implementation of these aspects of public health policy delivery. I have asked my officials to note the RRG’s request for an update as these aspects of work have progressed, and they will contact the secretariat in due course at an appropriate time to provide RRG members with further information. 

Yours sincerely, 

Neil Gray