HFSS Promotion Restrictions in Scotland

What the promotion restrictions address

The Food (Promotion and Placement) (Scotland) Regulations 2025 restrict certain forms of price promotion in relation to food high in fat, sugar or salt (HFSS) within qualifying retail premises. The restrictions apply where a business and its premises meet the statutory criteria set out in the Scottish HFSS regulatory framework.

This page provides a general overview of how the promotion restrictions are structured. It does not determine whether any specific promotional practice is restricted, nor does it classify edge cases. Application depends on the statutory definitions.

What kinds of promotions are addressed

The promotion restrictions focus on volume-linked price incentives — promotional mechanisms that create a financial advantage for the customer conditional on purchasing multiple units of a product. Common examples of this type of promotion include multibuys and similar mechanisms where a lower per-unit cost is achieved through purchasing a greater quantity.

The Regulations define the restricted category by reference to the statutory wording rather than by marketing terminology. Whether a specific promotional format falls within the restricted category depends on whether it meets the statutory definition of a volume-based incentive as set out in the Regulations.

Promotions and standard pricing

The framework distinguishes between volume-linked promotional incentives and standard pricing structures. A single price for a single product does not by itself engage the promotion restrictions. The restrictions are directed at the volume-based mechanism rather than at pricing generally.

Where a promotional format sits at the boundary between standard pricing and a volume incentive, classification depends on the statutory definition. This page explains the general distinction. Whether a specific format falls on one side of that boundary or the other is a question that turns on the wording of the Regulations. The promotion restrictions apply only in relation to relevant food as defined within the statutory classification framework.

Online promotions

The promotion restrictions may extend to qualifying online promotional activity where the relevant legislative criteria are met. Whether the restrictions apply in any specific online retail context depends on the statutory framework and the nature of the activity in question.

Promotion and placement are separate restrictions

The promotion and placement restrictions operate as distinct elements of the framework. A promotional practice may comply with the promotion restriction while still engaging the placement restriction, or vice versa. The two elements must be assessed separately against the statutory provisions.

Further context on how the placement restrictions are structured is available in the supporting explainer page.

Related HFSS resources

Frequently asked questions