Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, for what reasons the regulations on products high in fat, salt and sugar came into force before the publication of a consultation on which products would be in scope of those regulations; and whether his Department plans to publish a consultation.

Our intention is only to apply the restrictions of foods high in fat, salt or sugar in stores and online to those categories of food and drink which contribute substantially to children's sugar and calorie intakes and are therefore of most concern to childhood obesity. To determine if a product is in scope of the Food (Promotion and Placement) (England) Regulations 2021, the product must firstly fall in one of 13 categories of food and drink listed in the regulations. Products such as sweet biscuits in category seven or confectionary in category four meet the first criteria. The approach taken regarding these specific products is aligned with the Office for Health Improvement and Disparities’ sugar and calorie reduction and reformulation programmes.

The Nutrient Profiling Model 2004/05 and associated 2011 technical guidance is applied to determine if a product is subject to the restrictions. This takes into account the proportion of beneficial nutrients, including fruit, nuts and seeds and nutrients of concern, such as saturated fat, sugar, salt and calories. If a food product scores four or more or a drink product scores one or more, the product is considered less healthy and in scope of the restrictions. The Government consulted on the product categories in scope of the Food (Promotion and Placement) (England) Regulations 2021 between 12 January 2019 and 6 April 2019. The Government’s response to the consultation was published on 28 December 2020.