Restricting promotions of food and drink high in fat, sugar or salt: consultation

Section 1. Foods that would be subject to restrictions

Summary of our proposals

We are seeking views on including the following food^[17] categories within scope of promotions restrictions:

Option 1: Discretionary foods only

• confectionery
• sweet biscuits
• crisps
• savoury snacks (for example, cereal snacks, popcorn, corn snacks)
• cakes
• pastries (for example, Danish pastries, croissants, pain au chocolats, tarts)
• puddings (for example, fruit puddings, sponge puddings, sticky toffee pudding)
• soft drinks with added sugar (this includes soft drinks such as cola or lemonade, as well as juice or milk based drinks with added sugar^[18]).

Option 2: Discretionary foods + ice cream and dairy desserts

• All categories in Option 1 above
• Ice cream and dairy desserts.

Option 3: Categories that are of most concern to childhood obesity

This option would be consistent with those set out in the UK Government regulations for England.

• All categories in Options 1 and 2 above
• Breakfast cereals
• Sweetened yoghurt and fromage frais
• Pizza
• Ready meals
• Roast potatoes, chips and similar potato products.

Option 4: All categories included in the UK-wide reformulation programmes

• All categories in Options 1, 2 and 3 above
• Garlic bread
• Pies and quiches
• Bread with additions
• Savoury biscuits crackers and crispbreads
• Cooking sauces and pastes
• Table sauces and dressings
• Processed meat product
• Pasta /rice/ noodles with added ingredients and flavours
• Prepared dips and composite salads as meal accompaniments
• Egg products/dishes
• Sweet spreads.

We propose to apply the 2004/05 Nutrition Profiling Model^[19] (NPM), which is a scoring model developed to identify HFSS products, to all targeted food categories. Foods identified as non-HFSS within targeted food categories would not be subject to restriction.

We propose that only pre-packed foods within targeted food categories would be within scope of the restrictions as nutrition and ingredients information is more readily available to support calculation of a NPM score. For unlimited refills for a fixed charge, non-pre-packed soft drinks with added sugar would also be within scope of the policy^[20].

Food categories

55. In our 2018/19 consultation, we proposed targeting discretionary food categories i.e. those foods typically high in calories, fat, sugar and/or salt and which are not needed as part of a healthy balanced diet. This includes: confectionery, cakes, sweet biscuits, pastries, savoury snacks, puddings and soft drinks with added sugar. We also sought views on whether discretionary foods should include ice cream and dairy desserts^[21].

56. Feedback to the 2018/19 consultation suggested overall support from individuals and non-industry organisations for targeting discretionary foods as a minimum or including additional food categories. Over half of industry stakeholders did not offer a view and a sizeable proportion were against restricting any categories.

57. Non-industry organisational respondents were in support of including ice cream and dairy desserts within scope of the restrictions, whilst a majority of industry respondents either disagreed or did not provide a view. Views from individual respondents were fairly evenly split.

UK Government regulations for England

58. Since we last consulted, the UK Government has set out in regulations the foods that will be subject to restrictions in England. The UK Government's approach is to target the food categories that contribute the most sugar and calories to children's diets. These categories are based on the Public Health England Calorie and Sugar reformulation programme and Soft Drinks Industry Levy (UK wide reformulation programmes) that are of most concern in contributing to childhood obesity.

Welsh Government consultation

59. The Welsh Government consultation paper seeks views on which categories included in the UK-wide reformulation programmes should be targeted: (a) those of most concern to childhood obesity (the same approach as UK Government regulations) or (b) all the categories.

Our proposals

60. Feedback to our 2018/19 consultation suggests some support for targeting discretionary food categories as a minimum, including ice cream and dairy desserts. There was also support for expanding the food categories that would be subject to restrictions beyond discretionary. That said, we do recognise that many industry respondents did not offer a view or opposed restrictions in general.

Option 1: Discretionary foods only

61. Taking this into account, and to support our aim to reduce the public health harms associated with excess consumption of calories, fats, sugar and salt, we propose to proceed with targeting the discretionary food categories set out in our 2018/19 consultation. These are:

• confectionery
• sweet biscuits
• crisps
• savoury snacks (for example, cereal snacks, popcorn, corn snacks)
• cakes
• pastries (for example, Danish pastries, croissants, pain au chocolats, tarts)
• puddings (for example, fruit puddings, sponge puddings, sticky toffee pudding)
• soft drinks with added sugar (this includes soft drinks such as cola or lemonade, as well as juice or milk based drinks with added sugar).

Option 2: Discretionary foods + ice cream and dairy desserts

62. We also propose to target ice cream and dairy desserts in view of our proposed approach to differentiate products within categories, set out at paragraphs 66-74. These are:

• All categories in Option 1 above
• Ice cream and dairy desserts.

Option 3: Categories that are of most concern to childhood obesity

63. We are also considering expanding the food categories that would be subject to promotions restrictions to target all food categories 'of most concern to childhood obesity' according to the UK-wide reformulation programmes. This would be consistent with those set out in the UK Government regulations for England.

• All categories in Options 1 and 2 above
• Breakfast cereals
• Sweetened yoghurt and fromage frais
• Pizza
• Ready meals
• Roast potatoes, chips and similar potato products.

64. In Scotland, at a population level, these additional categories account for a further 11% of calories in the diet, with breakfast cereals, yoghurts and fromage frais specifically contributing an additional 6% of free sugars. In the UK, these additional categories (alongside discretionary items) are also key contributors to children's energy intakes, with breakfast cereals, yoghurt, fromage frais and other dairy desserts also being key contributors to free sugars intake. This data provides further impetus to expand our consideration of food categories subject to restrictions in Scotland. Targeting these additional food categories will help to enhance the impact of our proposals on diets in Scotland, including helping to support progress towards achieving our Dietary Goals. It is also intended that our proposals would support improvements in children's diets, and support our aim to halve childhood obesity by 2030. On a more practical level, being consistent in the food categories we plan to target with those set out in the regulations for England and proposals for Wales may be helpful for businesses which operate in England, Wales and Scotland.

Option 4: All categories included in the UK-wide reformulation programmes

65. Another option, which the Welsh Government is also consulting on, is to include all the categories included in the UK-wide reformulation programmes. These are:

• All categories in Options 1, 2 and 3 above
• Garlic bread
• Pies and quiches
• Bread with additions
• Savoury biscuits crackers and crispbreads
• Cooking sauces and pastes
• Table sauces and dressings
• Processed meat product
• Pasta /rice/ noodles with added ingredients and flavours
• Prepared dips and composite salads as meal accompaniments
• Egg products/dishes
• Sweet spreads.

Defining food categories

66. We previously consulted on defining the foods that would be subject to restrictions on a 'by category' basis, which would require clear definitions for each category. Responses to our 2018/19 consultation supported the need for clear definitions and our proposals to draw on expert technical advice.

67. The UK Government has now set out category descriptors in its regulations and in supporting guidance. We intend to explore the potential for policy consistency with these category descriptors. We will seek expert, technical advice to ensure that any category descriptors proposed are fit for purpose and provide sufficient clarity to support effective implementation and enforcement in a Scottish context.

Nutrient Profiling

68. The UK Government regulations specify the use of the 2004/05 Nutrient Profiling Model 2004/05 (NPM) to identify the products within categories which are subject to restrictions in England. The Welsh Government consultation also proposes that Wales will use the 2004/05 NPM. Nutrient profiling uses a scoring system which balances the contribution made by beneficial nutrients that are particularly important in diets with components in the foods that the population should eat less of. The overall score indicates whether that food (or drink) is HFSS – or not. Foods which score 4 or higher, and drinks which score 1 or higher under this model are classed as HFSS. Using a NPM requires the availability of information on a product's composition. This includes the energy, saturated fat, sugar and sodium content of a product, as well as the content of fruit and vegetables, fibre and protein.

69. We recognise that a category based approach alone would not allow identification of non-HFSS products within food categories. We propose to apply nutrient profiling to the foods within each targeted food category to define whether a food or drink product is HFSS and within scope of the restrictions. Targeting HFSS or less healthy foods would help to support improvements in dietary health and progress towards achieving our dietary goals.

70. We propose to use the 2004/05 NPM as this is a recognised, evidence based tool which is well-understood by the food industry. The 2004/05 NPM is commonly used in ensuring food advertising meets relevant advertising codes. The nutrient profiling technical guidance 2011 provides instructions on how to calculate the NPM score for different products.

71. Consistent with the Welsh Government consultation proposals, we recognise that a modified Nutrient Profiling Model was published for consultation on 24 March 2018 but has not yet been published for use. If published in time, the Scottish Government would consider the use of a revised NPM. A summary of responses to the 2018 consultation has been published.

72. Applying a NPM approach will allow products within food categories that are non-HFSS to be identified, for example sugar free sweets. This approach is particularly helpful for food categories, such as pizza and ice cream and dairy desserts, which, unlike confectionery, may include a range of HFSS and non-HFSS products. This will enable ice-cream and dairy desserts that are assessed as healthier using the NPM to be excluded from the promotional restrictions. This will also allow reformulated products that meet the NPM and are non-HFSS to be identified and exempted from restrictions e.g. some breakfast cereals and ready meals.

73. As outlined above, applying a NPM to categories requires availability of information on a product's composition. Foods that are pre-packed^[22] off premises such as confectionery or crisps are required to provide nutrition information (including calories per 100g/ml) through the Food Information to Consumers Regulation. Because of this, our proposed approach most feasibly applies to pre-packed products only, as nutritional information is more easily available.

74. Non-pre-packed products, such as loose bakery items, would be out of scope because businesses may not be able to determine whether these products can or cannot be promoted due to relevant nutritional information not being available. We propose an exception in respect of unlimited refills of soft drinks for a fixed charge, where non-pre-packed soft drinks with added sugar that are HFSS or 'less healthy' (as defined by the NPM) would be in scope of the policy. Further detail on our proposals in respect of unlimited refills is set out at paragraph 87.

Questions

Question 1 - Which food categories should foods promotion restrictions target?

Option 1: Discretionary food categories (see paragraph 61)

Option 2: Discretionary foods + ice-cream and dairy desserts (see paragraph 62)

Option 3: Categories that are of most concern to childhood obesity (see paragraphs 63-64)

Option 4: All the categories included in the UK-wide reformulation programmes (see paragraph 65)

Other – please specify

Don't know

Please explain your answer.

Question 2 - Should nutrient profiling be used within all targeted food categories to identify non-HFSS foods?

Yes

No

Don't know

Other – please specify

Please explain your answer.

Question 3 - If nutrient profiling were used, do you agree with the proposal to only target pre-packed products and non-pre-packed soft drinks with added sugar in respect of unlimited refills for a fixed charge?

Yes

No

Don't know

Other – please specify

Please explain your answer.