Kellogg’s fails in court challenge against UK high-sugar cereal rules | Food & drink industry

Kellogg’s has failed in a legal challenge against new regulations that ban it from promoting sugar-filled cereals with buy-one-get-one-free offers.

The cereal company, whose brands include Corn Flakes, Coco Pops and Frosties, had argued the government’s inclusion of its cereals among “less healthy” foods was unfair because it did not take into account the milk that is usually added at breakfast time.

In a judgment on Monday, Mr Justice 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 consult parliament properly.

Kellogg’s UK, which is owned by the New York-listed Kellogg Company, said it would not appeal against the ruling.

The government has brought in new regulations limiting the promotion of foods that are “high in fat, salt and sugar”, or HFSS, in supermarkets and other large retailers as part of its efforts to curb obesity.

The regulations were due to begin in October, but in May the prime minister delayed their implementation, reportedly to try to alleviate the cost-of-living crisis – and could scrap them altogether.

Jamie Oliver, a celebrity chef who has campaigned for healthier food for children, criticised the delay, saying it was a blow to efforts to fight obesity.

As well as restrictions on offers such as “buy one, get one free”, the measures also ban the prominent display of HFSS food near the front of stores. They also forbid online or app promotions, including putting such foods on internet homepages or showing them when consumers are looking for other items, plus a ban on advertising before the 9pm watershed.

Kellogg’s Crunchy Nut, Frosties and Fruit ‘n Fibre are all counted as high in fat, salt and sugar.

Chris Silcock, managing director of Kellogg UK, said the company was “disappointed” with the verdict and said companies could charge “potentially higher prices”.

“It makes little sense to us that consumers will be able to buy other products, like doughnuts and chocolate spreads, on promotion – but not many types of breakfast cereals,” he said.

“We still believe that it is important that cereals are measured in a way which reflects how most people eat them – with milk. We also remain concerned at the way the government introduced these regulations – which, in our view, was without proper parliamentary scrutiny.”