Are Any Foods Banned Under HFSS in Scotland?

The HFSS rules restrict promotion and placement — not sale

A common question following media coverage of the Scottish HFSS regulations is whether certain foods are banned. The short answer is no. The Scottish HFSS regulatory framework does not prohibit the sale of food high in fat, sugar or salt. What it does is restrict how certain products may be promoted and where they may be displayed within qualifying retail premises.

This page explains what the regulations actually address, why the idea of a food ban has circulated in public discussion, and how the framework operates in practice.

HFSS does not prohibit the sale of foods

The Food (Promotion and Placement) (Scotland) Regulations 2025 do not make it unlawful to sell food that is high in fat, sugar or salt. Products that fall within the definition of relevant food under the Regulations can continue to be stocked and sold. The regulations do not require retailers to remove products from their range or prevent consumers from purchasing them.

The legal effect of the Regulations is more targeted than that. They address specific promotional practices and specific display locations within qualifying premises — not whether a product may be offered for sale at all.

Promotion restrictions and placement restrictions

The Regulations introduce two categories of restriction, each addressing a different aspect of the retail environment.

The promotion restrictions address volume-linked price incentives — promotional mechanisms where a price advantage is conditional on purchasing multiple units of a product. Whether a specific promotional format falls within the restricted category depends on the statutory definition rather than on its marketing description. Further detail is available in the promotion restrictions explainer.

The placement restrictions address the display of relevant food within defined areas of qualifying retail premises — including specified entrance areas and checkout areas. Whether a particular display location falls within a restricted area depends on the statutory description of that area. Further detail is available in the placement restrictions explainer.

Both restrictions apply only within qualifying premises — those that meet the statutory criteria, including the employee threshold — and only in relation to relevant food as defined by the classification framework.

Why the "junk food ban" description circulated

Since the policy was first consulted on and then legislated, media coverage has frequently characterised the Scottish HFSS rules as a ban on junk food or a restriction on the sale of unhealthy products. That framing is a simplification of the statutory position.

The regulations emerged from a public health policy concern about the retail environment in which purchasing decisions are made — particularly the role of promotional incentives and prominent product placement in influencing consumer behaviour. Describing that as a ban on food is inaccurate, but the shorthand has persisted across headline coverage in trade and general media.

The practical result is that many retailers and food business operators have encountered the framework through summaries that do not accurately reflect the statutory structure. Understanding what the Regulations actually restrict — as opposed to what they are sometimes said to restrict — is the starting point for engaging with the framework directly.

Classification, promotion, and placement

The Scottish HFSS framework operates through three linked elements. First, classification: whether a product is relevant food depends on the product category it falls into and whether it meets the nutrient profiling criteria established within the Regulations. Not all food is relevant food and classification is not based on informal notions of healthiness. The food classification explainer describes this process in more detail.

Second, promotion: where a product is relevant food and the business is within scope, certain volume-linked promotional incentives in relation to that product are restricted. Third, placement: within qualifying premises that meet the floor area criteria, relevant food may not be displayed in areas that fall within the statutory definition of a restricted area.

None of these restrictions prevents a retailer from stocking or selling relevant food. They address the promotional and physical retail environment around the product — not the product's availability for purchase.

Related HFSS resources

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