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Talking of Kelloggs:

Quote:

Milk does not make cereal healthier, High Court rules

Judges rule against Kellogg's after it took the (UK) Government to court over plans to tackle childhood obesity

Putting milk on your cereal does not make it healthier, judges have ruled after Kellogg's took the Government to court over its plans to tackle obesity.

The maker of Crunchy Nut corn flakes argued that the sugar content of its cereals should be measured after milk is added and brought a High Court case in April.

A High Court judge has now ruled against Kellogg’s claims that the regulations were unlawful and that they failed to take into account the nutritional value of the milk added to the product.

The ruling means some cereals may no longer be prominently displayed on supermarket shelves if they have a high sugar content.

Chris Silcock, the UK managing director, said the cereal firm was "disappointed" with the decision, but it would not appeal.

A ban on ‘buy-one-get-one-free’ or three-for-two offers on unhealthy food and drinks will be introduced in October 2023.

Mr Silcock added: “It makes little sense to us that consumers will be able to buy other products, like donuts and chocolate spreads, on promotion – but not many types of breakfast cereals.

“By restricting the placement of items in supermarkets, people face less choice and potentially higher prices.

“That’s why, in the midst of a cost-of-living crisis, we would strongly urge the Government to rethink these regulations and put the consumer first.”

Kellogg's previously 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 company said it supports the Government’s work to tackle obesity and help people live healthier lives.

It said it has removed 11,000 tonnes of sugar since 2011 from its products and taken 60pc of salt out since the 1990s.

The manufacturer's barrister Tom Hickman QC said: "It is self-evident that breakfast cereals are not eaten dry. They are not designed to be eaten in that way, they are not marketed to be eaten in that way and they are not in practice eaten that way."

But in a judgment on Monday, Mr Justice Linden dismissed the claim, finding the issue of how cereals are consumed and should be measured had been considered and resolved in consultations.

"In my judgment, the true position is that the fact that, in their detailed responses, none of the breakfast cereal manufacturers raised the issue during the consultation period of more than a year tends to support the view that the 'as sold versus as consumed' issue had long since been resolved, was well understood and was accepted in the sector," he ruled.

Mr Justice Linden said there is "no dispute" that breakfast cereals can be part of a healthy diet.

He continued: "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.

"Still less is it an argument against seeking to encourage, for health-related reasons, the promotion and consumption of breakfast cereals which contain less fat, sugar or salt.

"Nor does mixing a breakfast cereal which is high in, for example, sugar, with milk alter the fact that it is high in sugar."

During the hearing, the judge was told that 100g of Frosties contains 37g of sugar.

"The suggestion that Frosties should not be regarded as a less healthy product because of the nutritional value of the milk with which they may be consumed is surprising," Mr Justice Linden wrote.

Kellogg's UK's revenue and channel director previously estimated that 2.5 million kilogrammes of sales will be lost as a result of restrictions on these location promotions - counting for approximately £5 million in annual profits, the judge said.

A Department of Health and Social Care 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 will come into force in October 2022 and 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."

https://www.telegraph.co.uk/busines...gh-court-rules/