Kellogg’s takes government to court over high sugar rules that would stop Crunchy Nut Corn Flakes and Fruit and Fibre being prominently displayed on supermarket shelves
- New rules will stop products high in sugar, salt and fat being put at checkouts
- Kellogg’s says formula used to determine which cereals are ‘unhealthy’ is flawed
- It says it should take into account the nutritional value of milk added to cereals
- The US food giant is taking the Government to court to challenge the new rules
- Health campaigners have accused it of trying to ‘wriggle out’ of the regulations
Kellogg’s is taking the Government to court over new rules that would stop some of its cereals being put in prominent positions on supermarket shelves as they have high amounts of sugar.
The food giant is challenging rules that are set to come into effect in England in October, and would restrict the promotion of food and drink that is high in fat, salt and sugar.
The American company, which has been selling products in the UK for a century, said the new rules don’t take into account the nutritional value of milk which is added to the product.
They would see some of its most well-known products, including Crunchy Nut and Fruit ‘n Fibre, unable to be put on prominent display.
But the Government says the rules are needed to deal with childhood obesity, with recent figures showing more than a quarter of 10-11 year olds in England are obese.
New rules will stop some cereals being put in prominent positions on supermarket shelves as they have high amounts of sugar
Under the new rules, products that are high in fat, salt and sugar will not be allowed to be placed in prominent locations in supermarkets, including checkouts, aisle ends and store entrances.
Kellogg’s believes the rules are unfair as they are based on the nutritional value of dry cereals, when most people have them with milk or yoghurt, something that if taken into account would reduce the proportion of sugar and salt per serving.
In a statement reported by the BBC, Kellogg’s said it had ‘tried to have a reasonable conversation with Government’ 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.
Kellogg’s said it had ‘tried to have a reasonable conversation with Government’ without success
‘It measures cereals dry when they are almost always eaten with milk.
‘All of this matters because, unless you take account of the nutritional elements added when cereal is eaten with milk, the full nutritional value of the meal is not measured.’
It will take the matter to the Royal Courts of Justice in London.
However, Caroline Cerny from the Obesity Health Alliance, accused the firm of a ‘blatant attempt’ of trying to ‘wriggle out’ of the new regulations.
Corn Flakes: 8g of sugar; 0.9g of fat; 1.13g of salt (per 100g)
Crunchy Nut: 35g of sugar; 4.5g of fat; 0.75g of salt (per 100g)
Fruit ‘n Fibre: 24g of sugar; 6g of fat; 1g of salt (per 100g)
Frosties: 37g of sugar; 0.6g of fat; 0.83g of salt (per 100g)
Coco Pops: 17g of sugar; 1.9g of fat; 0.65g of salt (per 100g)
Rice Krispies: 7.9g of sugar; 1.2g of fat; 1g of salt (per 100g)
Special K Original:15g of sugar; 1.3g of fat; 0.84g of salt (per 100g)
She told the BBC: ‘It’s shocking that a company like Kellogg’s would sue the government over its plans to help people be healthier rather than investing in removing sugar from their cereals.’
A Department of Health and Social Care spokesperson told the BBC: ‘Breakfast cereals contribute seven per cent – 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.’
Some food brands have already changed some of their products to comply with the incoming regulations.
Nestle, which makes Shreddies, released a new version of the product called The Simple One last year.
This cereal, which contains four ingredients – whole grain wheat, fruit puree, date syrup and salt – contains five per cent less sugar and complies with the new regulations.
Walkers has released a range of crisps containing 45 per cent less salt that would comply with the new rules, meaning they can be displayed prominently.
These are variations of three of the brand’s most popular flavours: Mild Cheese & Onion, Lightly Salted and A Dash of Salt & Vinegar.
Kellogg’s Crunchy Nut is one of the products that could be affected by the new rules when they come into effect
According to the Government’s National Child Measurement Programme (NCMP) for England, childhood obesity is a growing problem.
It states that in the year 2020/21, 14.4 per cent of reception aged children (aged 4-5) are obese, with a further 13.3 per cent being overweight.
Meanwhile, for children aged 10-11 (who would be in Year 6 at school), 25.5 per cent are obese and a further 15.4 per cent are overweight.
This is up from 9.9 per cent of reception aged children who were obese and 21 per cent of children aged 10-11 who were obese the year before.
The study added that children living in deprived areas are ‘substantially more likely to be obese’, with rates of severe obesity around four times higher in the most deprived areas.
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