Kellogg’s has lost a High Court challenge to overturn new government healthy eating rules that will outlaw a range of in-store special offers and promotions.
When HFSS (high fat, salt or sugar) legislation comes into force, many of the cereal giant’s flagship brands will be banned from volume-based promotions. Neither can they be displayed in key sales locations like store entrances, checkouts and aisle ends. Additional online restrictions will also apply.
In their dry form, brands like Frosties, Fruit and Fibre and Crunchy Nut Corn Flakes are deemed HFSS foods as per the Government calculations set out as part of the new rules.
Kellogg’s, however, argued in court that those rules fail to consider that more than 90 percent of people eat cereal with milk or yoghurt. The company claimed this alters the nutritional profile of its products and means they can’t be classified as junk food or unhealthy.
In a judgment handed down this week, Mr Justice Linden dismissed those claims, finding the addition of milk would not alter the fact that the cereal was high in sugar. He also rejected the company’s claim that the government did not consult parliament properly.
Kellogg’s UK’s Managing Director Chris Silcock said his company was disappointed with the judgement but there would be no appeal. He did, however, urge the government to rethink the new rules. “By restricting the placement of items in supermarkets, people face less choice and potentially higher prices,” he said.