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

5. Volume price promotions

5.1 What is a volume price promotion?

Qualifying businesses must not offer food in scope of the regulations, i.e. specified food, for sale as part of a volume price promotion (whether in store or on an online marketplace).

‘Volume price promotion’ means:

• a multibuy promotion, being the express offer of a financial incentive for buying multiple items compared with buying each item separately (including ‘3 for the price of 2’, ‘3 for £10’ or ‘buy 6 and save 25%’)
• a promotion that indicates that an item – or any part of an item – is free (including ‘50% extra free’ or ‘buy one get one free’).

Financial incentives may also include incentives such as loyalty points, where these can be used to make further purchases. For example, ‘buy 3 of these products now and get 1,000 more loyalty points’. These would be in scope as the customer is being encouraged to buy more to get the deal, and the loyalty points act as a financial incentive.

A multipack sold as a single item is not necessarily the same as a multibuy promotion. However, a multipack sold as a single outer pack containing 6 separate packs of crisps may be in scope of the volume price promotion restrictions if its packaging promoted its price of a single multipack in comparison with separate individual packs as ‘6 for the price of 4’ or ‘50% extra free’. There may also be a volume price promotion where a business offers on multiple purchases of the multipacks themselves – for example, ‘buy 2 multipacks and get one multipack free’ or ‘20% extra for the same price’.

The regulations explain that specified food must not be offered for sale as part of a volume price promotion. This includes a promotion in which non-specified food items or non-food items are also included.

For example, a promotional offer on a newspaper and chocolate such as ‘buy a newspaper and get a chocolate bar free’ would not be permitted because it indicates that a specified food is being offered for free. One of the definitions of a volume price promotion within the regulations is a promotion that indicates that an item, or any part of an item, is free.

Offers that are not volume price promotions do not fall in scope of the restrictions.

Examples of permitted vs restricted volume price promotions

• Example 1: 2 for 1 on plain water bottles

Permitted. This offer does not include specified food products.

• Example 2: 2 for 1 on a range of plain water and sugary soft drinks that have an NPM score of ≥1

Not permitted. This offer includes specified food products. The NPM score should be calculated on a product-by-product basis and, if at least one product in the offer is considered HFSS or ‘less healthy’, then the offer is not permitted.

• Example 3: 2 for 1 offer on only sugary soft drinks that have an NPM score of ≥1

Not permitted.

5.2 Relevant special offer exemption

Offers commonly referred to as ‘meal deals’ or ‘dine in for 2’, where an offer of a discounted price is made for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together, are out of scope of volume price promotion restrictions under the ‘relevant special offer’ exemption.

Meal deals (which are generally targeted as lunch options for adults to consume on the go that day) or ‘dine in for 2’-type offers (which are reducing the cost of ‘complete’ meals for multiple people, rather than being stockpiled at home) aim to reduce the cost of a single meal.

However, all specified food – whether part of a meal deal or not – cannot be placed in restricted locations.

For example, a “relevant special offer” may include, but is not limited to, deals that include:

• a ‘main’– for example, sandwich (main) + crisps + drink
• ready meal, meal centre, or breaded or battered dish (main) + side + dessert
• sandwich + side salad + drink
• sandwich + cocktail sausages + drink

Each case will of course be assessed on its individual facts by enforcement authorities to determine whether the deal in question is in scope of the restrictions.

The following are not known to be typically promoted as intended to be consumed as, or as part of, a single meal:

• platters
• party food (that is not intended to be consumed as a main meal)
• a multibuy promotion on a packet of crisps, a bar of chocolate and a soft drink
• a packet of crisps and a soft drink
• a promotion on a sharing bag of crisps, bag of confectionery and 2-litre soft drink, even if it was marketed as a ‘big night in’ to be consumed together by 2 or more people (for example, families as a take home sharing occasion)

It is good practice for volume price promotions to only be applied to genuine ‘meal deal’ offers.

Meal deals online

Examples of meal deals that businesses could promote online:

Qualifying businesses could promote a chocolate bar when a consumer searches for a sandwich if the chocolate bar is part of a relevant special offer.

Qualifying businesses could also promote a dessert when a consumer searches for a ready meal when the dessert is part of a ‘dine in for 2’ offer (or similar relevant special offer). In other words, if a customer part-buys into a meal deal (for example, a sandwich), it would be permitted to prompt a customer with other items sold with the sandwich as part of a relevant special offer (for example, a snack or a drink).

However, it is not permitted for a qualifying business to promote a specified food that is part of a relevant special offer on a homepage, favourites page or a checkout page to ensure a consistent approach between locations promotions in qualifying stores and online.

5.3 On-pack promotions

Volume price promotions that appear on the packaging of specified food (for example, promotions that are communicated via packages marked with ‘50% extra free’ or ‘twice as much’) are also restricted.

Qualifying businesses who choose to sell products with volume price promotional offers on their packaging should ensure that they clearly communicate to consumers that the product is not offered for sale as part of that promotion, i.e. the promotion is not valid. Any approach taken to invalidate on-pack volume price promotional offers, such as over-stickering, should clearly:

• explain that the on-packaging promotion does not apply
• confirm the revised price of the products

Examples of approaches that may be suitable would include ensuring stickers fully cover promotions so they are not visible, or a sticker applied that clearly states that the promotion is not available in Scotland.

Businesses should ensure their chosen method for communicating this is sufficiently clear so as not to mislead consumers. They should also assess how to approach on-packaging promotional offers on a product-by-product basis, to ensure that they comply with the regulations and any relevant consumer protection legislation.

5.4 Price promotions not in scope

Discount promotions such as ‘50% off’, ‘half off’ or ‘save £1’ are out of scope of this policy. Vouchers for these deals are also not in scope of the regulations.

A multipack is considered a single item for the purposes of volume price promotion restrictions. If the packaging does not promote the item in comparison with individual packs (such as ‘6 for the price of 4’ or ‘50% extra free’), then it does not fall within the scope of the regulations. Similarly, multiple multipacks would fall into scope if, for example, a ‘2 for 1’ promotion was offered on multiple multipacks.

5.5 Vouchers and Sampling in store

Vouchers and free samples do not necessarily fall under the definition of a volume price promotion if they:

• are not on a prepacked item or
• do not involve offering the food for sale.

However, if specified food associated with such vouchers or free samples is prepacked and offered for sale in the store as part of a volume price promotion or placed within restricted areas, this is prohibited by the regulations. For example, a retailer would be restricted from offering a voucher for a free chocolate bar if they purchase another product.

Free samples are not generally considered to be a volume price promotion. However, a sample offered for free as part of a volume price promotion could be – for example, “buy this product, get a free sample of chocolate”.

Free samples of prepacked specified food cannot be placed in restricted locations such as a checkout.

5.6 Free refills

The restriction on free refill promotions applies to non-prepacked sugary drinks, which are defined as HFSS or ‘less healthy’ by the NPM and are not charity food sales. A qualifying business, for the purposes of this restriction, includes restaurants and the out of home sector. It does not however include care homes services or schools. Qualifying businesses must not offer a free refill promotion on drinks in scope of the restriction.

Regulation 6(1) provides that drinks in scope of the restriction on free refills would be:

• non-prepacked;
• within category 1 of the schedule (covered in ‘Product categories in scope’ section of the guidance);
• drinks that are HFSS or ‘less healthy’ (as defined by the NPM);
• not food to which the exemption on charitable food sales applies (see regulation 3(5) and (6) of the regulations).

A ‘free refill promotion’ means a promotion that offers the consumer the same drink or another drink to which regulation 6(1) applies (including free top-ups of any part of such a drink) for free after consumption of a first drink or any part of it.

Consumer-operated drinks machines may be in scope of these restrictions if they offer free refills and are placed within a qualifying business – for example, coffee machines within a convenience store, or a forecourt offering sweetened coffee, a drinks machine offering sugary drinks in a restaurant.

Where a single vending or dispensing unit offers both HFSS and non-HFSS beverages, the restrictions apply to the promotion and marketing of the HFSS product(s) only. The presence of HFSS products within the same machine as non-HFSS products does not in itself constitute a breach.

Examples of drinks that may be in and out of scope of the restrictions of free refills are:

Drinks in scope

• Non-prepacked or open cup soft drinks that are in scope of the soft drinks industry levy (SDIL) with an NPM score of ≥1.
• All other drinks under category 1 of the schedule with an NPM score of ≥1, including hot chocolate, tea or coffee that is pre-sweetened before sale.

Drinks out of scope

• Drinks with a content of more than 1.2% ABV.
• Drinks in category 1 of the schedule but not considered HFSS or ‘less healthy’ (with an NPM score under 1).
• Plain water and other drinks with no added sugar.