Mark Jones Reacts to HFSS Classification Challenge from Kellogg’s

Mark Jones, a partner at Gordons and an expert in the food and drink supply chain, has been quoted in The Grocer reacting to a legal challenge from Kellogg’s on new rules that will restrict the promotion of some cereals in stores.   

Under the new Food (Promotion and Placement) (England) Regulations 2021, restrictions will be placed on the promotion and placement in store (and their online equivalents) of certain foods and drinks that are high in fat, salt or sugar (HFSS).

Products covered by the restrictions can not be featured in key locations such as checkouts, store entrances and aisle ends.

Kellogg’s is disputing the classification of some cereals as HFSS in their dry form – arguing that cereals are eaten with milk or yoghurt in 92% of cases.

“Even if Kellogg’s succeeded, it is unlikely to stop the Government from doing what it wants to do…”

Responding to the news, Mark Jones said:

“Kellogg’s has been concerned about the impact of HFSS rules for some time. The company must think bans on promoting its products, or displaying such products in prominent positions, are likely to result in reduced sales.

“Kellogg’s has historically worked closely with retailers to ensure its products are a prominent part of their offer, and that looks set to be diluted. However, Kellogg’s will find it difficult to succeed in its challenge.

“That’s because challenging primary and secondary legislation is a difficult task. Even if Kellogg’s succeeded, it is unlikely to stop the Government from doing what it wants to do. At best, it would slow it down.”

If you’d like any help or advice on the HFSS legislation or any other food & drink related queries, please contact Mark Jones.