Kellogg’s has lost a High Court battle over new government healthy eating rules that will block certain in-store offers.
Products deemed high in fat, sugar or salt will be prevented from being displayed near checkouts or the end of aisles, from October.
They will also be banned from multi-buy promotions such as buy one, get one free.
The cereal maker argued that including its products was unfair because it did not take account of the milk people add.
Yesterday, Mr Justice Linden ruled for the Government. Anna Taylor, executive director of charity the Food Foundation, said: “We are delighted good sense has prevailed. We need food companies who are prepared to show leadership on helping to tackle childhood obesity, and not act as a dead weight on policy intervention.”
The judge was told that 100g of Frosties contains 37g of sugar.
“The suggestion Frosties should not be regarded as a less healthy product because of the nutritional value of the milk is surprising,” Mr Justice Linden wrote.
The Department of Health and Social Care said: “We strongly welcome today’s judgment.”
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.
Kellogg UK’s managing director, Chris Silcock, said the firm is “disappointed” with the ruling.
He continued: “While disappointed with this judgment, we respect the decision of the courts and do not intend to appeal. We still believe that it is important that cereals are measured in a way which reflects how most people eat them – with milk.
“We also remain concerned at the way the Government introduced these regulations – which, in our view, was without proper Parliamentary scrutiny.
“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.”