Food and drink promotions: government response

To: Professor Russel Griggs OBE
From: Neil Gray, Cabinet Secretary for Health and Social Care

Dear Professor Russel Griggs OBE,

Thank you for your letter dated 20 August 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) and advice on issues to consider to support successful implementation of the policy so it meets the intended impact of improving the health of communities across Scotland.

I value the RRG’s scrutiny and recognise the RRG as a key partner in supporting effective implementation of the policy. I am acutely aware of the importance of cultivating a high-functioning relationship between business and government, which will support this governments long term public health and economic aims.

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 26 June. This followed my announcement to Parliament setting out the decision to regulate HFSS promotions in Scotland.

In reaching the decision to align with equivalent policy in England and Wales the Scottish Government sought to balance the intended positive health impacts of the policy with the effects and implementation challenges for business and industry. In doing so we aim to support a healthy population as well as a prosperous economy.

I thank you for the recommendations set out by the RRG which are actively being considered. In particular:

• regulations will apply to medium and large business. Small business will be exempt from price and location restrictions unless they operate on a franchise basis or as part of a symbol group. For franchises and symbol groups (that meet the specified criteria) the size of the business for the purpose of price restriction will be classified by the total employees of the business overall and not the employees of the individual franchise or symbol group store. Exemptions for locations restrictions will apply to stores less than 2000 square feet
• as set out in the policy response targeted engagement was undertaken with business on proposals to include symbol groups within scope of the policy. Taking into account feedback from the consultation and outputs from stakeholder engagement, the Scottish Government intends to be consistent with the approach to symbol groups taken by equivalent regulations and guidance for England and for Wales. Learning from England and Wales is being actively considered and will feed into work with appropriate stakeholders to produce clear timely guidance material for Scotland that supports effective implementation and enforcement of the policy
• free-standing displays will not be subject to restrictions in these regulations as set out in this Government’s intention to align with equivalent policy in England and Wales
• as I set out in Parliament in addition to finalising and publishing the Business Regulatory Impact Assessment (BRIA) we will publish a full suite of impact assessment. This includes an Equalities Impact Assessment, Fairer Scotland Duty, Child Rights and Wellbeing Impact Assessment and Islands Community Impact Assessment, which assess how different sections of the community may be affected by this policy
• the importance of robust monitoring and review of the policy is recognised. Public Health Scotland (PHS) 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. Any unintended consequences of the policy will be monitored as a key part of this work
• improving health and reducing health inequalities across Scotland is a clear priority for this government. The policy is expected to have a positive impact on public health across all population groups including those experiencing socio-economic disadvantage. Research shows the majority of purchases made on promoted food are unplanned and lead to additional expenditure

Regulations will be laid before the Scottish Parliament this Autumn and will be accompanied by a full suite of impact assessments. There will be a 12 month implementation period to enable industry and local authorities to fully prepare for regulations coming into force in Autumn 2026.

My officials are actively working with appropriate stakeholders to produce clear and timely guidance material for Scotland that supports effective implementation and enforcement of the policy. Consideration is also being given to the development and timing of a consumer communication strategy.

I thank you once again for your continued interest in this work. Officials would be delighted to return once regulations have been laid in the Scottish Parliament and Impact Assessments published to engage constructively on the effective implementation of regulation.

I hope this is helpful.