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Kellogg’s Attempts To Debase UK HFSS Regulations In Court

June 17, 2022: 12:00 AM EST
Kellogg’s has turned to the U.K. High Court in a three-pronged attempt to prevent the upcoming government HFSS restrictions. Kellogg’s first argument claims the HFSS regulations should be declared “ultra vires” because enforcement powers given to local authorities to enforce the rules have never been approved by parliament. If the court decides the enforcement regime is illegal it could force the government to completely discard the legislation. It could also allow the regulations to continue but order the government to revaluate how they are enforced, leaving the ban in limbo. The second strand of Kellogg’s case centres on the HFSS nutrient profiling model, which was set up in 2004 as the basis for Ofcom’s policing of advertising aimed at children. Kellogg’s claims the model has never been before parliament. If the argument succeeds, the government would be forced to either drop the legislation or re-pass it with a different model. Kellogg’s third claim is that cereals should be excluded from the clampdown because most consumers add milk to the product, contributing to calcium intake and the cereal’s overall nutritional value. Within the court documents, Kellogg’s claimed it could lose up to £113 million in sales if the government’s crackdown on HFSS promotions goes ahead. Within the coming weeks, the court is expected to reveal which of the legal arguments the review will hear. If Kellogg’s arguments succeed, it would have huge implications on the government’s current obesity strategy. 
Ian Quinn, "Kellogg’s: ‘HFSS laws would cost £113m in lost sales’", thegrocer.co.uk, June 17, 2022, © William Reed Ltd
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