Food (Promotion and Placement) (Scotland) Regulations 2025: implementation guidance

1. Introduction

The Scottish Government and COSLA co-authored Population Health Framework sets out diet and healthy weight as one of two population health priorities. Tackling obesity and increasing population levels of healthy weight is key to improvement in health at a population level. As part of a range of action to improve diet and create a food environment that encourages healthier choices, restricting promotions of less healthy food and drink at the point of purchase seeks to reduce the purchase (and consumption) of food and drink that is high in fat, sugar or salt (HFSS), given the public health harm associated with their overconsumption. The public consultation on the detail of proposed regulations to restrict HFSS promotions took place from February to May 2024.

The Food (Promotion and Placement) (Scotland) Regulations 2025 (referred to as ‘the regulations’ throughout this guidance unless otherwise stated) will come into force on 1 October 2026.

Building on material published in England and Wales this guidance has been developed with input from a range of stakeholders to support effective implementation of the regulations.

Regulations will make it easier for people to make healthier food choices by:

• targeting 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;
• restricting promotions of pre-packed food and drink products within targeted food categories that are HFSS;
• restricting certain price promotions of targeted HFSS foods, such as multi-buy offers (for example buy one get one free) and free refills of soft drinks with added sugar; and
• restricting the placement of targeted HFSS foods in prominent locations in store when retail stores are over 185.8 square metres (or 2,000 square feet) and equivalent key locations online.

These restrictions apply to medium and large businesses (with 50 employees or more) which are a ‘qualifying business’ as described in the regulations.

Failure to comply with the regulations will amount to an offence which could result in enforcement action being taken.