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.

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.

"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.”