Kellogg’s loses UK legal challenge over new sugar rules

US cereal maker fails to halt regulations that will curb promotion of high-sugar food

Kellogg’s has lost a High Court legal challenge over new UK government regulations that will restrict high-sugar breakfast cereals from being displayed prominently in supermarkets.

The US manufacturer of Frosties, Rice Krispies and Coco Pops brought a judicial review, challenging the legality of the rules aimed at tackling childhood obesity.

The regulations, which are due to take effect later this year, curb the promotion in stores and online of “less healthy” food, which is classified as high in fat, sugar or salt. The majority of Kellogg’s breakfast cereal products will be classified as “less healthy”, assuming it does not take steps to reduce the levels of sugar, fat or salt in those products.

In the High Court case, Kellogg’s said the new regime — which assesses the nutrient profile of breakfast cereals — failed to take into account the fact the cereals were typically consumed with milk. It also challenged the way the rules were introduced, claiming it had not had proper parliamentary scrutiny.

However, Mr Justice Thomas Linden on Monday ruled against Kellogg’s, saying the public health case for the new regulations was “compelling” and “proportionate”. - Copyright The Financial Times Limited 2022