Kellogg’s has lost a High Court challenge against the government over incoming food regulations that will restrict promotions on products classified as high in fat, sugar and salt (HFSS).
Restrictions on multibuy deals, including buy one get one free (BOGOF), ‘three for two’ and restrictions on free refills for soft drinks, will come into force as part of the incoming legislation. The policy also means that HFSS foods cannot be prominently displayed in shops, in areas such as aisle ends, shop entrances and checkouts.
According to a government release published in May, the new restrictions have been delayed in light of “an unprecedented global economic situation” and to give industry more time to prepare for the restrictions on advertising. However, rules limiting the location of allegedly “unhealthy” foods in shops will go ahead as planned in October 2022.
Kellogg’s argued in court that the restrictions are unlawful as the nutritional value of breakfast cereals will be determined by their dry weight as sold, as opposed to how they are consumed – typically with milk.
Justice Linden, who presided over the case, dismissed the food manufacturer’s claim, finding the issue of how cereals are consumed and should be measured had been considered and resolved in previous consultations.
Around 30% of Kellogg’s products that are categorised as HFSS are sold through location promotions. The manufacturer has previously estimated that the incoming restrictions would cost the company £5 million in annual profits.
