Food (Promotion and Placement) (Scotland) Regulations 2025: Fairer Scotland Duty assessment

Businesses within scope of the policy

Feedback from those with lived experience of socioeconomic disadvantage suggests that shopping habits are strongly influenced by access and affordability considerations, with people shopping around and accessing larger stores to find the cheapest options where possible, including at discounter stores. People in rural areas were more likely to shop online to find the most affordable options. It is therefore expected that people living in low-income areas will still benefit from the policy despite small businesses (i.e. with fewer than 50 employees, that are not a member of a franchise or franchise like arrangement) being excluded from the scope of the policy.

The mixed evidence on how people experiencing socio-economic disadvantage may respond to promotions makes it difficult to quantify the extent of any differential impact. However, given the prevalence of price and placement promotions it is likely that action to restrict HFSS promotions will positively impact those experiencing socio-economic disadvantage overall, with minimal likelihood of negative impacts given evidence that purchases on promotion may increase the cost of food shopping.