Regulation 3 Less healthy food or drink products
For the purposes of sections 321A(1) (objectives for advertisements: less healthy food and drink), 368FA(1) (advertising: less healthy food and drink) and 368Z14(1) (prohibition of paid-for advertising of less healthy food and drink) of the 2003 Act, a product is a “less healthy food or drink product” if—
it falls within one of the categories set out in paragraphs 2 to 17 of the Schedule to these Regulations, and is not an exempt product within the meaning of paragraph 1 of that Schedule, and
the score for the product when the nutrient profiling model is applied to it in accordance with the Nutrient Profiling Technical Guidance is—
4 or more points in the case of a product which is not a drink, or
1 or more points in the case of a product which is a drink.
Products within the categories set out in the Schedule are “less healthy food or drink products” whether they are sold for consumption at home or elsewhere.