Kellogg’s is reportedly taking the government to court over new HFSS regulation that would restrict the promotion of some cereals in food stores.
The new High in (saturated) Fat, Salt or Sugar (HFSS) rule, which is due to come into force in October 2022, restricts the promotion of food and drink which are high in those areas.
Kellogg’s has told the BBC that the rules fail to consider the nutritional value of the milk added to the product.
But the government has said the new rules will help tackle childhood obesity.
Products covered by the restrictions will also not be allowed to be featured in key locations such as checkouts, store entrances, aisle ends and their online equivalents.
In a statement, Kellogg’s said it had “tried to have a reasonable conversation with government” over the issue without success.
Chris Silcock, Kellogg’s UK managing director, said: “We believe the formula being used by the government to measure the nutritional value of breakfast cereals is wrong and not implemented legally. It measures cereals dry when they are almost always eaten with milk.”
Kellogg’s says the rules fail to consider the nutritional value of the milk added to the product. The company said in its statement that independent market data shows cereals are eaten with milk or yoghurt in 92% of cases.
A Department of Health and Social Care spokesperson said: “Breakfast cereals contribute 7% – a significant amount – to the average daily free sugar intakes of children.
“Restricting the promotion and advertising of less healthy foods is an important part of the cross-government strategy to halve childhood obesity by 2030, prevent harmful diseases and improve healthy life expectancy, so we can continue to level up health across the nation.”
