Yahoo Finance Kellogg's goes to court over milk on your Cornflakes
Kellogg’s has claimed the sugar content of its cereals should be measured after milk is added as it takes the Government to court over new rules to tackle child obesity.
Under new regulations, which kick in from October in England, promotions on food and drink that have a high fat, salt or sugar content will be restricted. The rules could also lead to some cereals no longer being prominently displayed on shelves if they have a high sugar content.
Kellogg's Crunchy Nut Corn Flakes could fall under foods that are high in fat, sugar or salt in their dry form and may be prevented from being displayed in key locations such as checkouts or aisle ends.
The food giant has argued that the rules fail to take into account the nutritional value of the milk added to the product, and is fighting to get some of the criteria changed.
The company said that independent market data showed cereals are eaten with milk or yoghurt in 92pc of cases, therefore reducing the sugar or salt content.
But Department of Health officials believe that adding milk to cereal does not remove the sugar from the cereal or make it more healthy compared with other cereal.
The new rules are designed to help tackle childhood obesity, which costs the NHS more than £6bn a year.
Katrina Anderson, at law firm Osborne Clarke, said that the legal challenge could embolden other food manufacturers to bring their own claims. "Other food manufacturers, which are classified as high in fat, salt or sugar, and feel that this is unfair, may wish to bring their own challenges," she said.
Caroline Cerny, from the Obesity Health Alliance, said: “This is a blatant attempt by a multinational food company to wriggle out of vital new regulations that will limit their ability to profit from marketing their unhealthy products.”
She added that it was “shocking” that Kellogg’s would sue the Government over its plans to help people be healthier rather than investing in removing sugar from their cereals.
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. 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.”
The company said it supports the Government’s work to tackle obesity and help people live healthier lives. It says it has removed 11,000 tonnes of sugar since 2011 from its products and taken 60pc of salt out since the 1990s.
A Department of Health and Social Care spokesperson said: “Breakfast cereals contribute 7pc – 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.”
