Kellogg’s takes UK gov to court over its milkless calculation of breakfast cereal nutrition

28 Apr 2022 --- Kellogg’s has taken the UK government to court, arguing the Nutrient Profile Model – used to calculate which foods are high in fat, salt or sugar (HFSS) – doesn’t take into account that breakfast cereals are “almost always eaten with milk.”

Foods deemed HFSS will be hit with marketing restrictions this October in the UK. Their promotions will no longer be allowed in key locations, such as checkouts, store entrances, aisle ends and their online equivalents.

Including milk would reduce the amount of sugar and salt relative to the weight of the overall serving, enabling the company to bypass the upcoming legislation. 

“Kellogg’s is clearly hoping to create more loopholes in the system and delay the regulations, which will have negative consequences on public health,” Sonia Pombo, campaign manager at Action on Salt, tells NutritionInsight. 

Caroline Cerny from the Obesity Health Alliance, adds that the move 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.”

Meanwhile, Anna Taylor, executive director of the Food Foundation, called the action “a very short-sighted and destructive move.” 

Last May, Kellogg’s UK pledged to cut sugar by 10% and salt by 20% in its children’s cereal  range by 2022.Questioning calculations 
Kellogg’s, on the other hand, argues that the calculations were wrong from the get-go and “not implemented legally.” 

“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,” says Chris Silcock, Kellogg’s UK managing director. 

The company highlights that independent market data confirms that on 92% of occasions, cereals are eaten with milk or yogurt. 

Barbara Crowther, coordinator of the Children’s Food Campaign in the UK, disagrees, stating: “It is perfectly correct for the nutrient profile model to assess breakfast cereals based on what is actually in the packet as sold, and not what people choose to add to their breakfast.”

Undermining policy?
The court proceedings that began yesterday are expected to finish today, April 28, and be fully settled before marketing restrictions on HFSS foods come into force, explains Pombo. 

She warns that if Kellogg’s wins the case, the move could undermine the UK government’s policy and encourage other companies to follow suit. 

So far, Action on Salt reports that no other company “has felt it necessary to take the government to court,” at least to its knowledge. However, she understands there were some issues with reconstituted foods, such as food powders that require the addition of another ingredient before consumption such as custard powder. 

“It’s important to recognize that Kellogg’s and other companies can still sell their products in-store and advertise and promote them.” 

“These are part of a range of measures being put in place to slow the rising tide of obesity, which is crippling our health service.”

Independent market research reveals that breakfast cereals are eaten with milk or yogurt on 92% of eating occasions.Steps in a healthier direction
Kellogg’s argues that it supports the UK government’s work to tackle obesity and help people live healthier lives. 

“In 2021, the former Public Health Minister Jo Churchill commended Kellogg for our work to reduce sugar and salt in our cereals,” says Silcock. 

Last May, Kellogg’s UK pledged to cut sugar by 10% and salt by 20% in its children’s cereal range by 2022. It also committed to ensuring all of its breakfast foods are either a source or high in fiber by the end of 2023.

However, even these measures were deemed “not enough” according to organizations like the Children’s Food Campaign. At the time, Crowther, pointed out that Kellogg’s Krave cereal contained “as much sugar as giving a child a small chocolate bar for breakfast, even with an 11% reduction in sugar. It is still not a healthy choice.”

An ongoing battle
Silcock maintains that Kellogg’s has “always been open and honest with people about what’s in its food,” which is why the company felt it “needed to take this step.”

Pombo, however, notes that “it isn’t the first time [Kellogg’s] has opposed public health measures.” 

“For many years, they had refused to implement front of pack traffic light labeling, which was originally introduced in 2013. In 2018, they finally succumbed to the changes following increasing demand from their consumers.”

She adds: “Responsible companies recognize they have a part to play in our health and have prepped for the regulations and made significant improvements on the nutritional quality of their products. Kellogg’s should consider making better use of their profits and get back to the development room.”

By Missy Green