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Kellogg’s loses lawsuit over new government food regulations for high-sugar cereals | Business newsletter



Kellogg’s has lost a legal challenge against the government over new food regulations that could prevent some of its cereal from being prominently displayed in stores.

Producer Coco Pops and All-Bran sued the Department of Health and Social Care (DHSC) on the rules that go into effect this October.

Under the plan, there will be restrictions on where certain foods can be displayed in supermarkets or on their websites.

Another part of the regulations that take effect next year will ban promotions that buy a lot of food deemed high in fat, sugar or salt.

Stores will not be allowed to advertise these foods in prominent locations such as checkout counters, store entrances and aisles.

Kellogg’s argues that the regulations are against the law because the nutritional value of breakfast cereals will be determined by their dry weight when sold, as opposed to how they are eaten – usually with milk.

Speaking at the Supreme Court, the producer’s lawyer Tom Hickman QC said: “It’s clear that breakfast cereals are not dried.

“They weren’t designed to be eaten that way, they weren’t marketed to be eaten that way, and in fact they weren’t meant to be eaten that way.”

More than half of Kellogg’s cereals ‘classified as less healthy’

Mr. Justice Linden dismissed the claim in a ruling on Monday, concluding that the issue of how grain was consumed and measured was considered and resolved during the consultations.

“In my assessment, the real view is that, in their detailed responses, none of the breakfast cereal manufacturers raised the issue during the consultation period of more than a year tended to favor the point that ‘sale versus consumption’ is a long-resolved, well-understood and accepted issue in the field,” he ruled.

He says there is “no doubt” that breakfast cereals can be part of a healthy diet.

He continued: “But the argument that there are nutritional benefits to the consumption of a certain breakfast cereal does not affect the view that if it contains excess fat, sugar or salt, the that of the product will be harmful to the health of children.

“Still less than that is an argument against seeking to encourage, for health-related reasons, to promote and consume breakfast cereals that are low in fat, sugar or salt.

“Mixing breakfast cereals that contain a lot of sugar, such as sugar, with milk doesn’t change the fact that it’s high in sugar either.”

Mr. Justice Linden said 54.7% of Kellogg’s existing cereals would be classified as less healthy under the new regulation.

He added that 30% of Kellogg’s products that are high in fat, sugar or salt are sold through location promotions – dealing with retailers to get products into popular places, as well as retail stores. online promotions.

Kellogg’s previously estimated that restrictions on these location ads would cost the company £5 million in annual profits, the judge said.

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Mr Justice Linden said there was an “ironiness” to the evidence, adding that the “adverse impact on Kellogg’s which he predicts directly correlates with what the Government is trying to achieve”.

The court ruled that 100g of Frosties contained 37g of sugar.

“The suggestion that Frosties should not be considered a less healthy product because of the nutritional value of the milk with which they can be consumed is surprising,” wrote Mr. Justice Linden.

Rules to ‘provide £57 billion in health benefits’

A DHSC spokesman said: “We welcome today’s ruling. The government is committed to tackling obesity, the second biggest cause of cancer in the UK and costing the NHS billions of pounds a year. .

“The ruling supports the government’s approach to curbing advertising of less-than-healthy breakfast cereals, which contribute significant amounts of sugar to children’s diets.

“Restrictions on placement ads will come into effect in October 2022 and are expected to deliver more than £57 billion in health benefits.

“Along with the volume price restrictions, these changes will protect children above and below the country from products high in saturated fat, sugar or salt.”

Kellogg’s UK chief executive, Chris Silcock, said the company was “disappointed” with the ruling but said the company had no intention of appealing.

“We still believe it’s important that grains are measured in a way that reflects how most people eat them – with milk,” he said.

“We also remain concerned about how the government is making these regulations – in our view, without proper parliamentary oversight.

“By restricting the ordering of items in supermarkets, people face fewer choices and possibly higher prices.

“That’s why, in the midst of the cost-of-living crisis, we strongly urge the government to review these regulations and put consumers first.”



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