Are Multibuy Offers Banned Under the HFSS Rules in Scotland?

Are multibuy promotions restricted under the Scottish HFSS rules?

Multibuy-style offers, where a price advantage depends on purchasing multiple units, are among the promotional mechanisms addressed by the Scottish HFSS regulatory framework within qualifying retail premises. Whether any specific offer falls within the restricted category depends on the statutory definition of a volume-based incentive set out in the Regulations, not on its marketing description.

This page explains how the promotion restrictions are framed in general terms. It does not determine whether any specific offer, pricing structure, or promotional format is restricted. Classification depends on the statutory definitions within the Regulations.

Volume-linked incentives, not all promotions

The Regulations do not restrict all promotional activity involving HFSS food. The restrictions focus on a defined category: promotional mechanisms that create a price advantage contingent on the purchase of multiple units of a product. The statutory term used is a volume-based incentive, defined by reference to the wording of the Regulations rather than by the marketing description applied to the offer.

A promotional format described as a multibuy, a bulk deal, or a quantity discount may fall within the restricted category where it meets the statutory definition. A standard single-unit price does not engage the promotion restriction, even if reduced from a previous price.

Classification depends on the statutory definition

Because the restrictions are defined by the statutory wording rather than by marketing terminology, the question of whether a specific offer is restricted requires reference to the Regulations. The name given to an offer (whether multibuy, bundle, deal, or another description) does not determine whether it falls within the restricted category.

This page does not classify individual offers. The HFSS Promotion & Placement publication provides detailed commentary on how the statutory definition of a volume-based incentive is structured and how it interacts with common retail promotional formats.

The promotion restrictions apply in qualifying premises only

The promotion restrictions apply only where the business and premises meet the statutory criteria set out in the Regulations, including the employee threshold. Businesses outside scope are not affected by the promotion restrictions, regardless of the promotional activity they operate.

The question of scope is addressed in the HFSS scope and application page.

Online promotions

The promotion restrictions may extend to qualifying online retail activity where the relevant legislative criteria are met. Whether an online promotional format engages the restrictions depends on the statutory framework in the same way as in-store formats, by reference to the statutory definition rather than the description of the offer.

Frequently asked questions