PART 3Restrictions on the promotion and presentation of specified food

Restriction on the presentation of specified food – online

regulation 7 + 7.—(1) A qualifying person must not cause specified food to be offered for sale on an online marketplace—

regulation 7 1 a + (a)on a home page (whether or not the consumer enters the online marketplace via the home page);

regulation 7 1 b + (b)while a consumer is searching for or browsing products other than Schedule 1 food, unless paragraph (4) or (5) applies;

regulation 7 1 c + (c)while a consumer is searching for or browsing Schedule 1 food, unless—

regulation 7 1 c i + (i)the specified food falls within the same Schedule 1 category, or

regulation 7 1 c ii + (ii)paragraph (4) or (5) applies;

regulation 7 1 d + (d)on a page not opened intentionally by the consumer (such as a “pop-up” page or a “brand burst”);

regulation 7 1 e + (e)on a favourite products page, unless the consumer has previously purchased the specified food (whether in store or on an online marketplace) or intentionally identified it as a favourite product, but specified food must not be given greater prominence than other products on a favourite products page;

regulation 7 1 f + (f)on a checkout page.

(2) Paragraph (1) does not prohibit offering specified food for sale on a page opened intentionally by a consumer for the purpose of browsing special offers generally.

(3) This regulation does not apply in respect of a qualifying business which only or mainly sells food from a single category listed in Schedule 1.

(4) This paragraph applies where—

regulation 7 4 a + (a)a consumer is searching for or browsing food (whether or not specified food), and

regulation 7 4 b + (b)the qualifying person causes specified food to be offered for sale together with the food referred to in sub-paragraph (a) as part of a relevant special offer.

(5) This paragraph applies—

regulation 7 5 a + (a)where a consumer browses for a general category of product which includes the specified food (such as categories relating to seasonality, or to nutritional or dietary characteristics);

regulation 7 5 b + (b)in relation to searching—

regulation 7 5 b i + (i)where a consumer searches for a general category of product which includes the specified food;

regulation 7 5 b ii + (ii)where a search term entered by the consumer matches in whole or in part—

regulation 7 5 b ii aa + (aa)the name under which the specified food is marketed, or

regulation 7 5 b ii bb + (bb)an ingredient listed on the packaging of the specified food.

(6) In this regulation—

regulation 7 6 a + (a)term checkout page + “checkout page” means a page shown to a consumer as part of the checkout process, such as a page listing items the consumer has so far selected for purchase or a page dealing with payment, collection or delivery;

regulation 7 6 b + (b)term favourite products page + “favourite products page” means a page opened by a consumer for the purpose of browsing products they have previously purchased or intentionally identified as favourite products;

regulation 7 6 c + (c)term home page + “home page” means any of—

regulation 7 6 c i + (i)an online marketplace’s highest level public page;

regulation 7 6 c ii + (ii)the highest level public page of an online marketplace’s grocery section.