High Court rules against Kellogg’s – Public Health Win
Today Kellogg’s has lost their battle in court over rules which would ban supermarkets from prominently displaying their unhealthy cereals high in fat, salt and/or sugar (HFSS).
Sonia Pombo, Campaign Manager for Action on Salt, responds to the news:
“We welcome the news that the High Court has ruled in favour of common sense, and dismissed Kellogg’s absurd claims that their HFSS cereals should be seen as healthier simply because it is consumed with milk. As the leading cereal manufacturer in the country, it’s time Kellogg’s lived up to their commitments to health and wellbeing, and invest their profits on producing healthier cereals with less salt and sugar. They’ve already done it with some of their products, so we know it’s possible.
Let this be a lesson to other big food companies using their money to try and overturn health policies – don’t be part of the problem, be part of the solution.”
In April, Kellogg’s took the Government to court over the incoming regulations restricting the location and promotion of HFSS foods. They argued that breakfast cereals are predominantly consumed with milk and should therefore be treated as a dehydrated product – once milk is added, the proportion of sugar changes and therefore alters the Nutrient Profile Model score in their favour.
We, among other health campaigners criticised Kellogg’s for such outlandish claims, accusing them of wasting taxpayers' money by taking the Government to court, rather than simply reducing the sugar content in its products.
Katharine Jenner, Director of Action on Salt and Sugar, said: "Crunchy Nut cornflakes still have two-and-a-half teaspoons of sugar in them per portion, whether you add milk or not. If Kellogg's would like to be able to promote their products, then instead of trying to convince us that adding milk makes their products healthier, they should try removing some of the salt and sugar – that will do the trick. They have already managed to improve the healthfulness of some of their products by doing just that, so they know it is possible. Instead of wasting taxpayer money taking our government to court, why not spend some of their own profits in investing in their customer's health?"
Having considered all the evidence, Mr Justice Linden ruled in favour of Government and dismissed many of the arguments made by the lawyers representing Kellogg’s as “peripheral”. He concluded that the Regulations do not restrict the promotion of all breakfast cereals, but rather those which are HFSS.
“There is no dispute that breakfast cereals can be part of a healthy diet. But the argument that there are nutritional benefits to the consumption of a given breakfast cereal does not affect the point that if it contains excess fat, sugar or salt, that feature of the product is adverse to a child's health”
A DHSC spokesman said: “We strongly welcome today’s judgment. The Government is committed to tackling obesity, which is the second biggest cause of cancer in the UK and costs the NHS billions of pounds a year. The judgment backs the Government’s approach to restricting the promotion of less healthy breakfast cereals, which contribute a significant amount of sugar to children’s diets. Location promotion restrictions… are expected to deliver over £57 billion of health benefits. Together with the volume price restrictions, these changes will protect children up and down the country from products high in saturated fat, sugar or salt.”
Responding to the court ruling, Chris Silcock, Kellogg's UK Managing Director 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”
In-store promotion of HFSS foods will be restricted in October 2022, meaning they will not be allowed to be featured in high-profile locations such as checkouts, store entrances and aisle ends. It is thought that 55% of Kellogg’s breakfast cereals are HFSS.
