Kellogg to launch legal challenge against new UK rules on food advertising

Cereal maker Kellogg is launching a authorized problem towards new UK authorities guidelines on diet that can limit promoting and promotion of meals excessive in fats, salt and sugar.

The US-based multinational group, whose cereals embody Corn Flakes and Rice Krispies, will on Wednesday argue that authorities have wrongly excluded the impact of including milk to the dietary steadiness of its meals of their assessments.

Tough guidelines that ban tv promoting of much less wholesome merchandise earlier than 9pm, limit their show in outlets and bar “buy one get one free” affords are on account of come into drive in England on October 1.

Kellogg will argue that the federal government’s interpretation of the principles unfairly penalises its merchandise. The rules contemplate meals’ dietary steadiness as equipped, not with the milk that sometimes accompanies them.

The new regime encountered opposition when it was being drawn up final yr, with some ministers arguing the well being advantages have been marginal and the principles would impose unwarranted restrictions on firms.

The Department of Health and Social Care is anticipated to argue that the rules are an acceptable response to the harm that sugar in breakfast cereals does to folks’s well being.

“Breakfast cereals contribute 7 per cent — a significant amount — to the average daily free sugar intakes of children,” the division stated on Wednesday. “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.”

The listening to, earlier than Mr Justice Linden in London, is anticipated to final two days.

Chris Silcock, Kellogg’s UK managing director, stated the corporate believed the components being utilized by the federal government to measure the dietary worth of breakfast cereals was flawed and never carried out lawfully.

“It measures cereals dry when they are almost always eaten with milk,” Silcock stated. “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.”

Kellogg had tried to have a “reasonable conversation” with Westminster about making the requested change however had failed, Silcock added.

“We now find ourselves doing something which we really didn’t want to have to do which is to go to court to get the formula changed so that it reflects how people eat our food in real life,” he stated.

The guidelines will stop the show of meals assessed as having an inappropriately excessive proportion of fats or sugar in probably the most distinguished positions in shops, reminiscent of by entrances, by checkouts or on the ends of aisles.

Kellogg argues that as a result of 92 per cent of its cereals are consumed with milk or yoghurt, it makes little sense to evaluate their dietary worth primarily based solely on the dietary worth of the product by itself.

The DHSC estimates that weight problems prices the NHS £6bn a yr and that the situation is the second-biggest explanation for cancers after smoking.

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