Kellogg’s has launched a legal challenge against the UK Government’s upcoming restrictions on retail promotions for food and drink high in fat, salt and sugar (HFSS), claiming the rules unfairly represented breakfast cereals.
The manufacturer argued that the application of the Nutrient Profiling Model (NPM) was wrong when it comes to breakfast cereals – it only accounts for portions of dry cereals and not for a bowl of cereal and milk.
They argue that breakfast cereals are not intended to be consumed without milk, and the addition of milk alters the end products’ nutrient profile in a positive direction.
A UK judge has accepted that the case has merit, and a court hearing has been approved.
Impacts on the Australian marketplace
Strategy 1.6 of Australia’s new National Obesity Strategy 2022-2032 states;
“Reduce unhealthy food and drink advertising, branding and sponsorship in places visited by large numbers of people, especially children (like vending machines, supermarket checkouts and aisles, entertainment and sporting venues).”
The National Retail Association is monitoring the outcome of the UK legal challenge as it may have implications for the Australian marketplace post-election when the implementation of the National Obesity Strategy inevitably comes back into focus.
Our position
The NRA is convinced by research that there is no evidence that restrictive practices like these have any effect on hard outcomes (i.e., body weight, tooth decay) and poor evidence that it effects food consumption.
See the recently published systematic review on public health policy.