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Promotion and advertising restrictions on certain foods: what the rules do

Rules restricting where certain products can be promoted in store, and how they can be advertised, change what a shopper sees. A description of the mechanism.

Media9 min read
The short answer

Regulations in England restrict where products in defined categories may be promoted in store, covering locations such as store entrances, aisle ends and checkouts, for businesses within scope. Separate provisions address volume price promotions, and separate legislation again addresses advertising of products in scope. Implementation dates in this area have moved repeatedly, so the government guidance is the only reliable source for current status.

What this article is

This is a description of a set of regulations and how they operate, written from the perspective of what a shopper sees. It takes no position on the policy, offers no view on the products concerned, and gives no dietary advice of any kind. Where nutrition is concerned, the NHS and a registered dietitian are the appropriate sources.

The reason this belongs in a section about presentation and ranking is straightforward. These rules change which products appear in the most visible positions in a shop, which makes them one of the few cases where what a shopper sees is determined by regulation rather than by commercial decision.

Location restrictions

Regulations in England restrict the placement of promotions for products within defined categories, for businesses within scope. The restricted locations include store entrances, the ends of aisles, checkout areas and their online equivalents.

The mechanism is worth noting because it is unusual. Most food regulation acts on the product: what it contains, how it is labelled, what may be said about it. These rules act on the space. The product is unchanged and remains available. What changes is where it may be placed.

Scope is defined by business size and by product category, with the categories determined by a nutrient profiling approach. Not every business is within scope and not every product is in a restricted category, which is why the effect varies between shops.

Three separate mechanisms
MechanismWhat it restrictsWhere to check status
Location restrictionsWhere promotions may be placed in store and onlineGovernment guidance
Volume price promotionsOffer structures that reward buying moreGovernment guidance, dates have moved
Advertising restrictionsTelevision watershed and paid online advertisingGovernment guidance, dates have moved
Advertising codesContent of food advertising and advertising to childrenThe CAP and BCAP codes

Structure set out by this newsroom from the published rules named in the sources below. It is not a survey, a measurement or a market study.

Volume price promotions

Separate provisions address volume price promotions, meaning offers of the multibuy type that give a price advantage for buying more.

The implementation timetable for this element has moved several times since the regulations were originally made. Anyone wanting to know the current position should go to the government guidance rather than to any secondary summary, including this one, because the position has changed repeatedly and any fixed statement here would age badly.

The structural point that does not change is the mechanism: a restriction on a pricing format rather than on a price. A product can be sold at any price. What is restricted is the offer structure that rewards buying a larger quantity.

Advertising restrictions

Legislation has also provided for restrictions on the advertising of products in scope, including a watershed for television advertising and restrictions on paid online advertising. As with volume price promotions, the implementation dates in this area have been subject to change, and the government guidance is the source for current status.

The advertising codes operate alongside any statutory restrictions. The CAP and BCAP codes already contain provisions on food advertising and on advertising to children, administered by the Advertising Standards Authority, and those continue to apply.

What a shopper actually notices

Three things, and none of them is announced.

The composition of aisle ends and checkout areas changes. Products that formerly occupied those positions move to their category aisles, and other products take their place.

Multibuy formats become less common in some categories while single-price reductions remain available, which is a meaningful difference for a shopper comparing offers, because a straightforward price reduction is easier to compare on unit price than a multibuy.

And online, the equivalent locations change, which is a more consequential shift than it sounds, because digital placement is much easier to alter and much harder for a shopper to observe.

The general lesson

The reason this publication covers these rules is not the policy but the demonstration. They show, unusually clearly, that what a shopper sees is a variable that is set by someone.

Most of the time it is set commercially through range and space planning. Here it is set by regulation. In both cases it is set, and in neither case is the arrangement in front of a shopper a natural or neutral state of affairs.

The consumer response to that is the same in both cases: use the unit price, read the back of the pack, and treat prominence as an allocation rather than as a signal.

Where this stops

This article describes regulations. It names no product, no category brand and no retailer, and takes no position on whether the policy is a good one. It gives no dietary or nutritional advice, and the current implementation status of each element should be checked in the government guidance rather than here.

Elsewhere on Feedworthy. What natural means on a food label in the UK.

Common questions

What do the location restrictions actually cover?

The placement of promotions for products in defined categories, for businesses within scope, in locations including store entrances, the ends of aisles, checkout areas and their online equivalents. The product remains available in its own aisle.

Are multibuy offers banned?

The provisions on volume price promotions have had a moving implementation timetable, and the current position should be checked in the government guidance rather than in any summary. The mechanism restricts an offer structure rather than a price.

Do these rules apply across the whole UK?

The regulations described here apply in England, and the position differs across the UK nations. Government guidance is the source for the position in each nation.

Does this publication support these rules?

We take no position on the policy. We describe the mechanism because it determines what a shopper sees, and because it demonstrates that store layout is a variable set by someone rather than a natural arrangement.

Where should I go for dietary advice about these products?

To the NHS or a registered dietitian. This publication describes food information and regulation and gives no nutritional or dietary advice of any kind.

Sources

Links to regulators, legislation and official guidance. They are cited because they are public and verifiable, not as an endorsement of this article. Where any subject reaches diet or health, the NHS and a registered dietitian are the right sources rather than this publication.

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