Kellogg’s has failed in a legal challenge against new regulations that prohibit it from promoting sugar-filled cereals with buy-to-buy offers.
The cereal company, whose brands include Corn Flakes, Coco Pops and Frosties, had argued that the government’s inclusion of its cereals among “less healthy” foods was unfair because it did not take into account the milk that was added. usually at breakfast time.
In a ruling Monday, Judge Linden dismissed the claim, finding that the addition of milk would not affect the fact that the cereal was high in sugar. He also rejected Kellogg’s claim that the government did not properly consult parliament.
Kellogg’s UK, owned by the New York-listed Kellogg Company, said it would not appeal the ruling.
The government has introduced new regulations that limit the promotion of “high-fat, salt and sugar” foods, or HFSS, to supermarkets and other large retailers as part of its efforts to curb obesity.
Regulations were due to begin in October next to a basin before 9pm for junk food television advertising, but the prime minister delayed its implementation in May, apparently to try alleviate the cost of living crisis. Measures could be ruled out altogether.
Jamie Oliver, a famous chef who has campaigned for healthier food for children, criticized the delay, saying it was a blow to efforts to fight obesity.
In addition to restrictions on offers such as buy-and-get-free advertising and television, the measures also prohibit online or app promotions, such as putting these foods on homepages. from the Internet or display them when consumers search for other items. They also include a ban on the prominent display of HFSS food near the front of stores, which will still take effect in October.
Kellogg’s Crunchy Nut, Frosties and Fruit ‘n Fiber are considered rich in fat, salt and sugar.
Chris Silcock, CEO of Kellogg’s UK, said the company was “disappointed” with the verdict and said companies could charge “potentially higher prices”.
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“It doesn’t make much sense for consumers to be able to buy other products, such as fritters and chocolate spread, on promotion, but not many types of breakfast cereals,” he said.
“We still believe it’s important that cereals are measured in a way that reflects how most people eat them: with milk. We also remain concerned about the way the government introduced these regulations, which, in our opinion, there was no proper parliamentary scrutiny ”.
A spokesman for the Department of Health and Welfare said: “The ruling supports the government’s approach of restricting the promotion of less healthy breakfast cereals, which contribute a significant amount of sugar to children’s diets.
“Location promotion restrictions will take effect in October 2022 and are expected to provide more than £ 57bn in health benefits.
“Along with volume price restrictions, these changes will protect children across the country from products high in saturated fats, sugar or salt.”