The company, whose brands include Corn Flakes, Coco Pops and Frosties, had argued that the government’s inclusion of Kellogg’s cereals among the “less healthy” foods was unfair because it did not take into account the milk commonly added to them. In a ruling on Monday, Judge Linden rejected the claim, finding that the addition of milk would not affect the fact that the cereal was high in sugar. He also rejected the company’s claim that the government did not properly consult parliament. Kellogg’s UK, which is owned by the New York-listed Kellogg Company, said it would not appeal the decision. The government has introduced regulations restricting the promotion of foods that are “high in fat, salt and sugar” (HFSS) in supermarkets and other large retailers as part of its efforts to curb obesity. The regulations were due to come into effect in October along with a ban on junk food advertising on TV before 9pm. But in May, Boris Johnson decided to delay their implementation, reportedly in a bid to ease the cost of living crisis. The measures could be scrapped altogether. Celebrity chef Jamie Oliver, who has campaigned for healthier food for children, criticized the delay, saying it was a blow to efforts to tackle obesity in the UK. In addition to restrictions on promotions such as Bogof and TV advertising, the measures also prohibit online or app promotions, including placing such foods on Internet websites or appearing when consumers search for other items. They also include a ban on the visible display of HFSS food near the front of shops, which will continue in October. Kellogg’s Crunchy Nut, Frosties and Fruit ‘n Fiber are all high in fat, salt and sugar. Chris Silcock, chief executive of Kellogg’s UK, said the company was disappointed with the verdict and said companies could charge “potentially higher prices”. Subscribe to the Business Today daily email or follow Guardian Business on Twitter @BusinessDesk “It doesn’t make sense to us that consumers would be able to buy other products like donuts and chocolate spreads during the promotion – but not many types of breakfast cereal,” he said. “We still believe it is important that cereals are measured in a way that reflects the way most people eat them – with milk. We also remain concerned about the manner in which the government introduced these regulations, which, in our view, were without proper parliamentary scrutiny.” A spokesman for the Department of Health and Social Care said: “The decision supports the Government’s approach to curb the promotion of less healthy breakfast cereals, which contribute a significant amount of sugar to children’s diets. “The site promotion restrictions will come into effect in October 2022 and are expected to deliver health benefits of more than £57 billion. Together with volume price restrictions, these changes will protect children up and down the country from products high in saturated fat, sugar or salt.”
