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The manufacturer launched its challenge against the guidelines in April, where it claimed the rules unfairly represented breakfast cereals.

It argued that the guidelines didn’t account for the presence of milk consumed with a bowl of cereal. Allowing for milk, fewer Kellogg products would be classified as HFSS because the nutrient values of the added milk would contribute to the scoring, the company claimed. 

However, Mr Justice Linden said the issue of ‘as sold’ versus ‘consumed’ had long since been resolved, understood and accepted in the sector. While there was no dispute breakfast cereals could be part of a healthy diet, ‘if it contains excess fat, sugar or salt, that feature of the product is adverse to a child’s health’.

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Commenting on the outcome, Kellogg UK managing director Chris Silcock said: “We brought this legal challenge because we believe the formula used to measure the nutritional value of food is wrong when it comes to breakfast cereals, and we believe it is right to stand up for what we believe in. 

“We are therefore disappointed that the court upheld the Government’s approach to the nutritional assessment of cereals.” 

No appeal  

While disappointed with the judgment, Silcock respected the decision and the company did not intend to appeal. 

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