Restricting the promotion of high fat, salt and sugar foods: implementation guidance - Part 5: free refills

The restriction on free refill promotions applies to non-prepacked sugary drinks, which are defined as HFSS or ‘less healthy’ by the NPM and are not charity food sales. A qualifying business, for the purposes of this restriction, includes restaurants. It does not however include care homes or educational institutions. Qualifying businesses must not offer a free refill promotion on drinks in scope of the restriction.

Regulation 8(1) of the regulations provides that drinks in scope of the restriction on free refills would be:

• non-prepacked
• within category 1 of schedule 1 (covered in the product categories in scope section)
• drinks that are HFSS or ‘less healthy’ (as defined by the NPM)
• not food to which the exemption on charity food sales applies

A free refill promotion means a promotion that offers the consumer the same drink or another drink to which regulation 8(1) applies (including free top-ups of any such drink) for free after consumption of a first drink.

Consumer-operated drinks machines may be in scope of these restrictions if they offer free refills and are placed within a qualifying business. For example, coffee machines within a convenience store or a forecourt offering sweetened coffee.

Examples of drinks that may be in and out of scope of the restrictions of free refills can be seen below.

Drinks in scope:

• non-prepacked or open cup soft drinks that are in scope of the SDIL with an NPM score of ≥1
• all other drinks under category 1 of schedule 1 with an NPM score of ≥1, including hot chocolate, tea or coffee that is pre-sweetened before sale

Drinks out of scope:

• drinks with a content of more than 1.2% ABV
• drinks in category 1 but not considered HFSS or ‘less healthy’ (with an NPM score under 1)
• plain water and other drinks with no added sugar