Restricting the promotion of high fat, salt and sugar foods: implementation guidance - Part 4: volume price promotions

Qualifying businesses must not offer food in scope of the regulations, that is, specified food, for sale as part of a volume price promotion (whether in store or on an online marketplace).

Volume price promotion means:

• a multibuy promotion, being the express offer of a financial incentive for buying multiple items compared with buying each item separately (including ‘3 for the price of 2’, ‘3 for £10’ or ‘buy 6 and save 25%’)
• a promotion that indicates that an item, or any part of an item, is free (including ‘50% extra free’ or ‘buy one get one free’)

Financial incentives may also include incentives such as loyalty points, where these can be used to make further purchases. For example, ‘buy 3 of these products now and get 1,000 more loyalty points’.

A multipack sold as a single item is not necessarily the same as a multibuy promotion. However, a multipack sold as a single outer pack containing 6 separate packs of crisps may be in scope of the volume price promotion restrictions if its packaging promoted its price of a single multipack in comparison with separate individual packs as ‘6 for the price of 4’ or ‘50% extra free’. There may also be a volume price promotion where a business offers on multiple purchases of the multipacks themselves, for example, ‘buy 2 multipacks and get one multipack free’ or ‘20% extra for the same price’.

The regulations explain that specified food must not be offered for sale as part of a volume price promotion. This includes a promotion in which non-specified food items or non-food items are also included. For example, a promotional offer on a newspaper and chocolate such as ‘buy a newspaper and get a chocolate bar free’ would not be permitted because it indicates that a specified food is being offered for free. One of the definitions of a volume price promotion within the regulations is a promotion that indicates that an item, or any part of an item, is free.

Offers that are not volume price promotions do not fall in scope of the restrictions.

Example 1: 2 for 1 on plain water bottles

Permitted. This offer does not include specified food products.

Example 2: 2 for 1 on a range of plain water and sugary soft drinks that have an NPM score of ≥1

Not permitted. This offer includes specified food products. The NPM score should be calculated on a product-by-product basis and, if at least one product in the offer is considered HFSS or ‘less healthy’, then the offer is not permitted.

Example 3: 2 for 1 offer on only sugary soft drinks that have an NPM score of ≥1

Not permitted.

Offers commonly referred to as ‘meal deals’ or ‘dine in for 2’, where an offer of a discounted price is made for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together, are out of scope of volume price promotion restrictions.

Meal deals (which are generally targeted as lunch options for adults to consume on the go that day) or ‘dine in for 2’ types of offers (which are reducing the cost of ‘complete’ meals for multiple people, rather than being stockpiled at home) aim to reduce the cost of a single meal.

However, all specified food, whether part of a meal deal or not, cannot be placed in restricted locations.

Each case will of course be assessed on its individual facts by an enforcement officer to determine whether the deal in question is in scope of the restrictions.

The following are not known to be typically promoted as intended to be consumed as, or as part of, a single meal:

• platters
• party food (that is not intended to be consumed as a main meal)
• a multibuy promotion on a packet of crisps, a bar of chocolate and a soft drink
• a packet of crisps and a soft drink
• a promotion on a sharing bag of crisps, bag of confectionery and 2 litre soft drink, even if it was marketed as a ‘big night in’ to be consumed together by 2 or more people (for example, families as a take home sharing occasion)

It is good practice for volume price promotions to only be applied to genuine ‘meal deal’ offers.

Examples of meal deals that businesses could promote online:

• Qualifying businesses could promote a chocolate bar when a consumer searches for a sandwich if the chocolate bar is part of a relevant special offer.
• Qualifying businesses could also promote a dessert when a consumer searches for a ready meal when the dessert is part of a ‘dine in for 2’ offer (or similar relevant special offer). In other words, if a customer part-buys into a meal deal (for example, a sandwich), it would be permitted to prompt a customer with other items sold with the sandwich as part of a relevant special offer (for example, a snack or a drink).

However, it is not permitted for a qualifying business to promote a specified food that is part of a relevant special offer on a homepage, favourites page or a checkout page to ensure a consistent approach between locations promotions in qualifying stores and online.

Qualifying businesses who choose to sell products with volume price promotional offers on their packaging should ensure that they clearly communicate to consumers that the product is not offered for sale as part of that promotion. Any approach taken to ensure this should clearly:

• explain that the on-packaging promotion does not apply
• confirm the revised price of the products

Businesses should ensure their chosen method for communicating this is sufficiently clear so as not to mislead consumers. They should also assess how to approach on-packaging promotional offers on a product-by-product basis, to ensure that they comply with the regulations and any relevant consumer protection legislation.

Discount promotions such as ‘50% off’, ‘half off’ or ‘save £1’ are out of scope of this policy. Vouchers for these deals are also not in scope of the regulations.

Free samples or vouchers for free products are also not in scope of the volume price promotion restrictions.

A multipack is considered a single item for the purposes of volume price promotion restrictions. If the packaging does not promote the item in comparison with individual packs (such as ‘6 for the price of 4’ or ‘50% extra free’), then it does not fall within the scope of the regulations. Similarly, multiple multipacks would fall into scope if, for example, a ‘2 for 1’ promotion was offered on multiple multipacks.

Vouchers do not necessarily fall under the definition of a volume price promotion if they do not involve offering the food for sale. Similarly, free samples may be outside of scope if they:

• are not in a prepacked item
• do not involve offering the food for sale

However, if specified food associated with such vouchers or free samples is prepacked and offered in the store as part of a volume price promotion or placed within restricted areas, this is prohibited by the regulations.