ScotGov publishes HFSS regulations

Rulings on HFSS set to come in 1 October 2026

THE Scottish Government has published The Food (Promotion and Placement) (Scotland) Regulations 2025 document, laying down its rulings on high in fat, salt and sugar food products.

The Regulations were laid out to Parliament on 31 October and seek to make the balance of products available on promotion healthier and reduce overall consumption of HFSS foods.

The new rulings will see new regulations imposed that will:

• target food categories that are significant contributors of calories, fat and sugar to the Scottish diet;
• restrict promotions of pre-packed food and drink products within targeted food categories that are HFSS;
• restrict 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;
• restrict the placement of targeted HFSS foods in prominent locations in store and online.

These promotion and location restrictions will apply to businesses with 50 or more employees that offer pre-packed targeted HFSS foods to the public, both in store and online.

However, ScotGov has also said that those businesses that operate under “a franchise or franchise-like agreement”, the employees of the business operating under those agreements are treated as employees of the franchisor, and not of a separate business.

The Scottish Government has also highlighted that ‘location restrictions’ will not apply to the following locations due to practical considerations:

• specialist retailers (e.g. chocolatiers, confectioners, cake shops);
• stores with a floor area of less than 185.8m² (or 2,000 sq.ft)

The Regulation align with equivalent policy in England and Wales and will come into force on 1 October 2026, ensuring business have sufficient time to prepare.

Jenny Minto, minister for public health and women’s health, delivered the new Regulations to Parliament and, in the publication, said: “The primary aim of this policy is to reduce the public health harms associated with the excess consumption of calories, fat, sugar and salt, including the risks of developing type 2 diabetes, various types of cancer and other conditions such as cardiovascular disease, as part of a wide-ranging suite of actions to support healthier diets and healthy weight.

“Restricting the promotion of less healthy food and drink where they are sold to the public is intended to shift the balance of promotions towards healthier options, making it easier for people to purchase fewer HFSS products and create an environment where it is easier for people to make healthier choices for themselves and their families.”