Ban on all HFSS promotions in food retail businesses (volume and price)

What is the policy?

This policy relates to a ban on all price promotions for food and drinks that are classified as high in fat, salt, or salt (HFSS) and labelled as discretionary. 

Price promotions include both volume offers (such as multi-buys (e.g. buy one, get one free), combinations (e.g. a discount if you buy a fizzy drink with a pizza), bulk discounts, etc.), and temporary price reductions (such as reference pricing cuts like Was/Now prices, and comparisons to other retailer prices). 

Discretionary items are a subset of HFSS products that contribute to high intake of calories, fats, and sugars and displace nutrient-rich foods. Based on an analysis from Food Standards Scotland, they include confectionery, sweet biscuits, savoury snacks, cakes, pastries, puddings and sugar-containing soft drinks. 

Recent context

In the UK Government’s initial consultation on HFSS promotion restrictions in 2019, a decision was made to focus on volume promotions alone (rather than volume and temporary promotions). This decision was made to limit potential cost-of-living price increases; volume promotions were also deemed to have a greater impact on health than temporary price reductions. As such, only volume promotions were included in The Food (Promotion and Placement) Regulations 2021. 

In Wales, the Welsh Government announced that they are planning to restrict all types of HFSS price promotions (volume and temporary cuts) in legislation that is set to be introduced in 2024 and rolled-out across Wales by 2025. The Scottish Government’s recent consultation states that their preferred position is to consider restricting all types of HFSS promotions on discretionary foods. They propose that price and location restrictions (both instore and online) will apply to qualifying businesses including retail: supermarkets, convenience stores, discounters and bargain stores (including online sales).

Case studies

Considerations for implementing policy

• Refining this policy for implementation would require considering the scope of discretionary products covered by the restrictions, and the types of price promotions to be included in the regulations
• Welsh and Scottish governments are considering restricting temporary price reductions in future legislation. Temporary price reductions are a natural replacement of multi-buy promotions, offering a similar discount for a smaller outlay. 
• Ensuring alignment of regulation scope across the nations will ensure consumer confidence and reduce potential confusion for retailers. Most large retailers operate a national pricing policy, and seek to maintain price per product across the nations. Variance in regulated promotion types across the nations may create challenges for retailers

Estimating the population impact

There are no systematic reviews or meta-analyses on these policy interventions, but a Scottish Government Impact Assessment estimates that this policy would reduce daily calorie intake by 87.6 kcals for adults

Cost and benefits

TBC

Effects on inequalities

Socio-economic status

The UK Government’s Impact Assessment concluded that there is little variance in use of HFSS volume promotions between socioeconomic groups, meaning restrictions are not expected to exacerbate inequalities.