New Welsh Regulations to Curb Promotion of Unhealthy Foods and Drinks

In a bid to promote public health, the Welsh Government is introducing new regulations aimed at curtailing the promotion and presentation of less healthy foods and drinks. Set to take effect from 26 March 2026, the Food (Promotion and Presentation) (Wales) Regulations 2025 will impose stringent restrictions on how businesses market certain food and drink products deemed less healthy.

Key Highlights of the Regulations:

1. Scope and Definitions:

   • The regulations apply to specific "qualifying businesses" with 50 or more employees, excluding care homes, educational institutions, and restaurants.
   • "Specified food" includes prepacked items categorized under Schedule 1, which are considered less healthy based on the Nutrient Profiling Technical Guidance.

2. Promotion Restrictions:

   • Price Promotions: Businesses are prohibited from offering volume-based price promotions (e.g., "buy one get one free") on specified foods.
   • In-Store Presentation: Specified foods cannot be displayed near checkouts, designated queuing areas, or in prominent positions like end-of-aisle displays.
   • Online Presentation: Restrictions extend to online marketplaces, where specified foods cannot be featured on homepages or during unrelated product searches.

3. Drink Refill Promotions:

   • The regulations ban free refill promotions for certain sugary drinks that are not prepacked items.

4. Enforcement and Penalties:

   • Local food authorities are tasked with enforcing these regulations, with the power to issue improvement notices for non-compliance.
   • Failure to comply with these notices can lead to an unlimited fine or a fixed monetary penalty of £2,500.

5. Review and Guidance:

   • The Welsh Ministers will review the regulatory provisions every five years to assess their effectiveness and relevance.
   • Food authorities must publish guidelines on the use of fixed monetary penalties and report on enforcement actions.

These measures reflect the Welsh Government's commitment to tackling the rising public health challenge of unhealthy diets by limiting the exposure and accessibility of less healthy food and drink options to consumers. The regulations are part of a broader strategy to encourage healthier eating habits across Wales.