The Scottish government has made changes to its plans to regulate the promotion of food and drink products high in fat, salt, and sugar (HFSS).

Initially, ministers at Holyrood had proposed a full ban on HFSS promotions. However, following feedback and discussions with stakeholders, the government has scaled back its plans.

The revised measures will now more closely align with the existing regulations in England and Wales, the Scottish government said in a statement.

Health policy in the UK is devolved, meaning Scotland has the authority to determine its own strategy in the area.  

The Scottish government now plans to focus on food and drinks that are “significant contributors” of calories, fat, sugar or salt to the country’s diet and particularly linked to childhood obesity, including confectionery, crisps and sugar-sweetened soft drinks. 

In a statement, Jenni Minto, Scotland’s Minister for Public Health and Women’s Health, said: “It is clear that interventions that seek to improve public health must balance the potential positive health impacts with the effects and implementation challenges for business and industry. The Scottish government has sought to do that, aiming to support a healthy population as well as a prosperous wellbeing economy.”  

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The updated policy will focus on pre-packed food and drink products classified as HFSS according to the 2004/05 nutrient profiling model, the Scottish government said.

However, it will also cover “unlimited refills of soft drinks for a fixed charge”, bringing non-prepacked sugary soft drinks that meet HFSS criteria within the policy’s scope. 

Businesses with 50 or more employees, whether operating in-store or online will be required to comply with the legislation.  

The Scottish government said it expects the restrictions to come into effect by the end of next year. 

Restrictions will also apply to prominent in-store locations such as checkouts, aisle ends, store entrances and covered outdoor areas. Online, restrictions will cover homepages, search and browsing results, favourite product pages and checkout screens. 

Industry groups have largely welcomed the shift. The Scottish Retail Consortium described the revised policy as a “sensible compromise”. 

Ewan MacDonald-Russell, deputy head of the consortium, said the “regulatory interventions above and beyond voluntary initiatives are necessary and indeed, when done well, desirable”. 

He added: “This announcement is a sensible compromise balancing the need for a public health intervention with the economic impact.”

David Thomson, the CEO of Food and Drink Federation Scotland, also welcomed the decision to align with regulations in the rest of the UK. 

“We welcome the decision from the Scottish government to align with the regulations in other parts of the UK. This creates a level playing field for businesses selling into Scottish stores compared with England and Wales. We look forward to working in partnership with the Scottish Government to help prepare our businesses for the regulations coming into force,” he said. 

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