Kellogg's loses high court battle over display of sugary cereals in supermarket

The food manufacturing company launched legal action against the Department of Health and Social Care (DHSC) over regulations coming in from October, which will restrict where certain types of food are permitted to be displayed, and ban multi-buy promotions of food deemed high in fat, sugar or salt (HFSS).

Under the new rules, in-store promotion of HFSS foods will be limited, meaning they will not be allowed to be featured in high-profile locations, such as checkouts, shop entrances and aisle ends.

Food Standards Agency regulations class more than half of Kellogg’s breakfast cereal products as less healthy, however the manufacturer tried to argue that its breakfast cereals aren’t sugary if they are served with milk.

In April, Kelloggs’ argued the incoming regulations are unlawful because the nutritional value of breakfast cereals will be assessed by their dry weight as sold, rather than how they are eaten – usually with milk.

However, at a High Court hearing yesterday, judge Mr justice Linden dismissed the claim, finding the issue of how cereals are consumed and should be measured had been considered and resolved in consultations.

He also drew upon figures showing that rates of obesity in children increased between 2019 and 2021. Kellogg’s tried to argue the rise was due to the Covid-19 pandemic, but Justice Linden said that was irrelevant, stating, ‘The root cause of the prevalence of obesity and excess weight in the population is excess calorie consumption. Excess sugar consumption is associated with increased calorie consumption.’

Kellogg UK’s managing director, Chris Silcock, said, ‘While disappointed with this judgment, we respect the decision of the courts and do not intend to appeal. 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.

‘By restricting the placement of items in supermarkets, people face less choice and potentially higher prices. That's why, in the midst of a cost-of-living crisis, we would strongly urge the Government to rethink these regulations and put the consumer first.’

The Food Foundation – a charity concerned with the affordability and accessibility of healthy food, has welcomed the ruling, however.

Food Foundation executive director Anna Taylor commented, ‘We are delighted good sense has prevailed and Kellogg’s lost on all counts. We need food companies who are prepared to show leadership on helping to tackle childhood obesity, and not act as a dead weight on policy intervention.’