The Food Foundation has welcomed a high court judgement rejecting Kellogg’s attempt to retain the right to promote high-sugar cereals.

Kellogg’s was challenging Food Standards Agency regulations which classify more than half of its breakfast cereal products as high sugar.

“Kellogg’s took the government to court over how it defines foods which are high in fat, sugar and/or salt – trying to argue that sugary breakfast cereals aren’t sugary if they are served with milk,” said Food Foundation executive director Anna Taylor.

“We are delighted good sense has prevailed and Kellogg’s lost on all counts. 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.”

Today’s judgement from Justice Linden said levels of obesity have increased from 9.9% in 2019/2020 to 14.4% in 2020/2021 among four and five-year-olds and from 21% to 25% among 10 and 11-year-olds in the same time frame.

Justice Linden said:

“The root cause of the prevalence of obesity and excess weight in the population is excess calorie consumption.

“Excess sugar consumption is associated with increased calorie consumption.”

Taylor said:

“We think these words speak for themselves. It’s time for businesses to show they are part of the solution.

“This means setting and reporting on targets for shifting sales of healthy and unhealthy food and supporting government policy intervention to create a level playing field so all businesses can behave more responsibly.

“We are working with investors to highlight the need for a legislative strategy to rein in the commercial incentives which undermine the nation’s health.

“These issues are highlighted in our latest update to food industry investors.”