The ban on volume price discounts, such as '3 for 2' deals, for HFSS food has been delayed by a year and will now come into force in October 2023. The advertising ban has also been delayed by a year and will come into force in January 2024.
The scoundrels of ‘public health’ have persistently claimed that the ban only applies to ‘junk food’. Most of the media have gone along with this conceit, but ‘junk food’ is in the eye of the beholder and has no legal definition. In Britain, the category of HFSS (high in fat, sugar or salt) is used as its nearest equivalent, but this covers far more products than you might expect, including olive oil, raisins and walnuts.
The absurdity of this came to light when Transport for London introduced a ban on ‘junk food’ advertising and ended up penalising an achingly ethical food-delivery company for showing butter in an advertisement. TfL even had to change its own maps of London to remove offending images of strawberries and cream (Wimbledon) and curries (Brick Lane).
In an effort to avoid a similar embarrassment, the government has decided to define ‘less healthy food’ however the hell it likes. Butter and bacon are no longer on the list, despite both being very high in fat and bacon being high in salt. Forced to name every category of HFSS food that will be covered by the ban individually, the Department of Health has revealed how far-reaching and arbitrary the law will be.
As you might expect, the list includes crisps, pizza and chocolate, but it also includes ‘products made from potato, other vegetables, grain or pulses’; ‘bagged savoury crackers, rice cakes or biscuits’; ‘pitta bread-based snacks, pretzels, poppadoms, salted popcorn, prawn crackers’; ‘ready-to-eat cereals, granola, muesli, porridge oats and other oat-based cereals, bars based on one or more of nuts, seeds or cereal’; ‘croissants, pains au chocolat and similar pastries, crumpets, pancakes, buns, teacakes, scones, waffles, Danish pastries and fruit loaves’; ‘roast potatoes, hash browns, crispy potato slices, potato croquettes’; and ‘fish fingers and fish cakes’.
It also includes shop-bought meal deals of the kind that are popular with millions of people every lunchtime. If any component of the meal deal is deemed to be HFSS – a bit of mayonnaise in the sandwich, some sugar in the drink or a pack of crisps on the side – you will have to buy the items separately at an inflated cost.
The government’s Impact Assessment expects to see a ‘loss in consumer surplus for consumers who currently make extensive use of price promotions’. That’s one way of putting it. The BOGOF ban should never have made it past the ideas stage and should now be put out of its misery for good.
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