Give us consistency on HFSS rules, demands ACS

The ACS was responding to an impact assessment from the Scottish government on the details of its proposals to restrict the positioning and promotion of HFSS products, which differ from those in England.

The ACS has highlighted the significant impact that the proposals will have on retailers, especially those that operate stores in both Scotland and the rest of the UK.

The Scottish government has set out a range of options for the number of categories of product that would be included within the restrictions, as well as the restrictions themselves, which fall into two main categories – location restrictions and promotional restrictions.

The Scottish government’s proposals include restricting the placement of HFSS products in checkout areas, at the end of aisles, at the front of store, and on island and bin displays.

It is also proposing bans on various promotions involving HFSS foods, including buy-one-get-one free, meal deals and unlimited refills.

ACS chief executive James Lowman said: “The experience of retailers in implementing HFSS rules in England has been costly and confusing, with more uncertainty ahead with the introduction of promotional restrictions still scheduled from October 2023.

“We are extremely concerned about the proposed approach in Scotland, which differs in a number of significant ways and goes further to restrict the promotion and siting of HFSS products.

“For all included stores in Scotland, but especially for retailers that have stores in both England and Scotland, planning will be extremely difficult, and compliance will be expensive.

“We urge the Scottish government to adopt a consistent approach with the regulations that are already in place to provide a level of certainty for retailers.”