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The public consultation on the detail of proposed regulations to restrict promotions of food and drink high in fat, sugar or salt closed on 21 May 2024. The consultation paper sought views on proposals for the implementation and enforcement of regulations.

Independent analysis of the consultation responses is underway. The feedback received will be used as part of the policy decision-making process, alongside a range of other available information and evidence to help ensure the regulations are proportionate and effective.

Legislation to restrict promotions is part of a wide range of action, set out in our Diet and Healthy Weight Delivery Plan, to improve diet and help create a food environment which better supports healthier choices.

This includes, amongst other things, ongoing support for the Healthy Living and Reformulation for Health Programmes, both of which are helping to increase the availability of healthier options. We are also working with Public Health Scotland and Food Standard Scotland to implement our Out of Home Action Plan.

The Scottish Government currently has no plans to make any code of practice (COP) for children’s food menus mandatory.

The COP is one of 11 key principles set out in the Eating Out, Eating Well (publichealthscotland.scot), currently being developed by Public Health Scotland (PHS) and Food Standards Scotland. The development of the Framework meets a key commitment set out in the Scottish Government’s 2021. Diet and healthy weight: out of home action plan - gov.scot (www.gov.scot)

The COP currently contains 7 actions detailed in published pilot guidance Code of practice for children’s menus: principles, actions, and top tips (publichealthscotland.scot) .Taken together with the rest of the Framework, these are designed to guide and support food businesses in providing healthier options for families with young children when eating out.

PHS has just concluded a pilot of the new Framework, including the COP, so its details are still subject to change. We are expecting it to be published in 2025.

Scottish Government are taking forward a range of actions across five key outcomes: giving children the best start in life; creating a healthier food environment; better access to weight management services; leadership and reducing health inequalities.

This includes our continued support for convenience stores to increase the accessibility of fruit and vegetables in more deprived areas, supporting businesses to reformulate their products to make them healthier, and maintaining funding to community food networks, to enable them to increase access to affordable, healthier food to their communities and to promote the health benefits of nutrition and physical activity.

Specifically, regarding children, we have updated the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations, strengthening the provision of balanced and nutritious food to children.

Our Scottish Milk and Healthy Snack Scheme promotes good nutrition to support healthy physical and brain development through the provision of healthy drinks and snacks in the earliest years. We have continued provision of free vitamin D to children under three, and pregnant and breastfeeding women.

Over the last 6 years, in addition to the core funding provided to Boards to support maternal and infant nutrition, we have invested more than £10 million to promote, protect and support breastfeeding to help give children the best possible start in life. Breastfeeding rates at 6-8 weeks are now at 47%. Infant feeding statistics - Financial year 2022 to 2023 - Infant feeding statistics - Publications - Public Health Scotland the highest they have been since records began.

The Scottish Government does not recommend active dieting and weight loss interventions in pregnancy.

There is strong evidence that breastfeeding is one of the most important things that a mother can do to give her baby the best nutritional start in life and can also be a means of preventing obesity among infants and young children.

The Scottish Government is committed to supporting women to breastfeeding and have demonstrated this by providing additional investment of more than £10m for breastfeeding support services over the past six years, in addition to our core funding to Boards to improve maternal and infant nutrition.

Health Boards deliver weight management services in line with Public Health Scotland Standards Weight Management Standards. These standards were introduced in 2019 and aim to ensure a fair and equal approach to the treatment of overweight and obesity for children, young people and adults across weight management services in Scotland.

Health boards delivering weight management interventions work to ensure that programmes are tailored to the specific needs of their local populations by conducting robust needs assessments, consulting with local communities and frontline staff, and addressing barriers related to equality, diversity, and inclusion. This includes conducting Equality Impact Assessment to continuously improve service accessibility and effectiveness.

As reported in the Scottish Health Survey Supporting documents - The Scottish Health Survey 2022 – volume 1: main report - gov.scot (www.gov.scot) there has already been a significant decline in children’s consumption of non-diet soft drinks once a day or more, from 38% in 2008-2009 to 16% in 2017-2018, and to 5% in 2021-2022.

The Scottish Government recognises that there is much that still needs to be done to further reduce children’s sugary soft drinks consumption, especially in low-income areas. We continue to support the UK Government’s Soft Drink Industry Levy, recognising the positive impact this has made in reducing sugary soft drinks consumption and incentivising industry reformulation.

The Scottish Government is delivering a range of initiatives to further improve the access and affordability of healthier food and drink options, helping children, especially those in deprived areas, to develop healthier nutritional habits that will last them a lifetime. This includes continued support of the Healthy Living Programme, the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations and the Scottish Milk and Healthy Snack Scheme(SMHSS) Milk and Healthy Snack Scheme - Maternal and child health - gov.scot (www.gov.scot)

Our aim to halve childhood obesity by 2030 and significantly reduce diet related health inequalities is deliberately ambitious.

A recent study completed by Nesta Counting the cost of obesity in Scotland | Nesta calculated that, on average across all children living with obesity within the 2-to-15-year age range, a sustained reduction of 65 kcal per day – the equivalent of one digestive biscuit – would achieve the desired reduction in obesity from 16.4% (2019 Scottish Health Survey figure) to 7% by 2030.

This represents a reduction of 3.0% in the daily calorie consumption of the average child living with obesity in Scotland.

However, it is important to note that 65 kcal per day is the weighted average of a range of estimates that vary by children’s age and sex, from 19 kcal per day to 142 kcal per day. In practice, a 65 kcal-per-day reduction in excess calories would be excessive for a two-year-old child, but insufficient for a 15-year-old living with obesity.

This suggests the ambition is feasible, even if challenging and we remain committed to achieving this aim.

The consultation on the draft national Good Food Nation Plan sets out the indicators and other measures that will be used to measure progress towards achieving the six Outcomes set out in the Plan. This included extending the Scottish Government’s existing target to halve childhood obesity by 2030 to read: “To aim to halve childhood obesity by 2030 and significantly reduce associated diet-related inequalities”.

The Scottish Government is undertaking work to develop further indicators of progress towards meeting the Outcomes. This work will take account of the responses received to the consultation which suggested indicators that might be used.

Once the final version of the Plan is published there is a legislative requirement to report on the progress towards achieving the Outcomes set out in the national Good Food Nation Plan every two years and to review and, if necessary, revise the Plan within five years.

Scottish Government officials last met Obesity Action Scotland on the 22 October 2024.

At the meeting childhood obesity was discussed as part of their on-going work to support the Diet and Healthy Weight Action Plan.

Effective approaches to preventing childhood obesity are focused on population-level measures, and therefore it is important that we can track progress on child healthy weight across our communities.

The universal health visiting pathway includes growth assessment of all children at several points across early childhood and supports interventions that promote healthy growth.

Public Health Scotland and Scottish Directors of Public Health established a short life working group, including expertise from local boards and PHS, to consider the Primary 1 BMI surveillance https://publichealthscotland.scot/population-health/early-years-and-young-people/child-health-data-and-intelligence/child-weight-and-growth/routine-health-review/ model and to catalyse work to improve P1 measurement data usability and coverage.

Robust data is really important not only to exhibit the effectiveness of our policies but to inform continuous improvement. We welcome Public Health Scotland and the wider public health system’s continued support on the range of data that underpins our policies.

The first national Good Food Nation Plan represents a fresh approach to food policy and it embeds long-term strategic transformation into decision making at both the national and local levels. The consultation draft of the national Plan set out the six overarching Good Food Nation Outcomes to achieve our ambitions for Scotland’s food system. Draft Outcomes 1 and 3 set out the high-level aspirations in relation to health and diet related inequalities:

Outcome 1 - Everyone in Scotland eats well with reliable access to safe, nutritious, affordable, sustainable, and age and culturally appropriate food.

Outcome 3 - Scotland’s food system encourages a physically and mentally healthy population, leading to a reduction in diet-related conditions.

These Outcomes will be updated and refined based on the consultation responses received before the draft Plan is laid before Parliament in 2025.

Scottish Ministers will need to have regard to the national Good Food Nation Plan when carrying out specified functions in relation to food ensuring a clear, consistent and coherent approach to food policy across policy areas and ministerial portfolios. This approach ensures connections are made between policy areas so that complex issues such as child obesity and diet-related inequalities will be considered in the context of wider food system challenges. As part of this joined up approach the Ministerial Working Group on Food supports cross-Government work to drive progress across portfolios on issues relating to food policy.