Kellogg’s, misleading nutrition claims and legal battle in UK

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Kellogg’s is instrumentalizing misleading nutrition claims-referring to milk added to its products, rather than just its products-to announce a legal battle in the UK.

A battle against the Health and Care Bill , which-in introducing some restrictions on junk food marketing (1)-would have discriminated against ultra-processed foods.

Big Food ‘s bold theorem, however, is met with resistance from civil society, which has been fighting for decades for the adoption of nutrition policies suitable for public health goals.

1) Foreword. Big food, junk-food, and viral deception.

The supranational giants of Big Food are masters of lobbying-as opposed to nutrition and public health policies-and of corrupting the scientific community, as noted (2,3). But that is not all.

1.1) Misleading nutritional claims.

Nutritional claims of so-called breakfast cereals, such as those of Nesquik and similar products, are systematically falsified in the Old World by two ploys:

Canary portions. As seen in our market survey on ‘filled cereals,’ (4) Big Food relates per-portion values to minimum quantities of energy-dense products that cannot be metered exactly (as can rusks, for example),

Outlawed nutrition claims, as they are not required by reg. EU 1169/11, where the values refer to the mix of one (canary) portion of the product with one glass of cow’s milk. With the paradox of boasting the virtues of the latter (see, e.g., Nesquik Opti-Start in footnote 5).

1.2) Nutritional profiles and viral deception.

Lobbies by Big Food have hindered the establishment of nutrient profiles, which the European Commission should have established by 19.1.09 for the specific purpose of banning the health claim and drastically limit the nutrition claim on ‘canary portions’ and are used on junk food, aka HFSS (High in Fats, Sugar and Sodium).

The ultra-processed foods with insulin nutritional profiles-as well as accounting for the bulk of the supply aimed at children and adolescents (6,7)-often so even boast nutritional and health virtues (linked to synthetic vitamins and added minerals) that the European legislature had decided to ban more than 13 years ago (EC Reg. 1924/06, Article 4).

2) Kellogg’s, viral deception and legal battle in UK.

The leader planetary player in the breakfast cereals category, Kellogg’s, is starring in the viral deception it achieves both through misleading and outlawed nutrition claims–based on mixing canary-sized portions of its products with the ‘classic’ glass of milk–and through nutrition & health claims on HFSS ultra-processed foods.

2.1) Illegality with impunity

No regulatory authority has ever dared to sanction Kellogg’s (nor Nestlé, nor anyone else), to the best of our knowledge, in connection with nutrition claims that include a product-milk-not contained in the sales unit. As, on the other hand, it should be, all the more so where one considers that:

– the design of the products under consideration, unlike classic breakfast cereals (e.g., muesli), is increasingly oriented toward dry consumption as sweet snacks,

– milk is increasingly being replaced with alternative plant-based beverages with more diverse nutritional profiles. (8)

2.2) Legal battle against the Health and Care Bill.

On 4/27/22 Kellogg’s, just days before final passage of the Health and Care Bill in England, announced a legal battle against its implementation. Claiming that the nutritional profile of breakfast cereals is miscalculated.

In defiance of criteria established over the past three decades in every corner of the planet, nutritional profiling of Kellogg’s products should consider that-according to the Corporation-92 percent of people eat cereal with milk or yogurt, which changes the nutritional profile.’

Kellogg’s products should therefore be excluded from the marketing restrictions of the Health and Care Bill, as their ‘dilution’ in milk-or yogurt, whose nutritional profile is itself different and variable (9)-would restore their balance.

2.3) Reactions of stakeholders


Obesity Health Alliance
, through Caroline Cerny, commented on Kellogg’s statements as ”a blatant attempt by a multinational food company to evade vital new regulations. It is shocking that a company like Kellogg’s is suing the government for its plans to help people be healthier, rather than investing in removing sugar from their cereal.’ (10)

The Department of Health and Social Care (DHSC), through its spokesperson interviewed by The Guardian, in turn pointed out that:

– ‘Breakfast cereals contribute 7 percent, a significant amount, to children’s average daily intakes of free sugars,

Limiting the promotion and advertising of less healthy foods is an important part of the intergovernmental strategy to halve childhood obesity by 2030, prevent harmful diseases and improve healthy life expectancy‘. (10)

3) Kellogg’s, nutritional profiles.

Action on Sugar and Action on Salt – in the voice of its director, nutritionist Katharine Jenner – offered the MailOnline the most candid news, which transcends any dialectic. ‘Crunchy Nut cornflakes still have two and a half teaspoons of sugar per serving, whether you add milk or not‘. (11)

Enough is enough. MailOnline analyzed the nutritional profiles of 36 Kellogg’s cereals available in U.K. supermarkets, referring to the portions and values listed on their labels. With results that should give parents and consumers across Europe pause for thought. (11)

3.1) Added sugars

Added and free sugars(free sugars), according to the European Food Safety Authority (EFSA, 2022) should be reduced to the minimum possible, as their consumption is correlated with increased risks of obesity, hepatic steatosis, type 2 diabetes, excess ‘bad’ cholesterol (LDL), and hypertension. (12)

A single serving of Kellogg’s Crunchy Nut in the chocolate variant, MailOnline reports, contains 14 g. This is followed by versions of chocolate honeycomb granola (12g), fruit and nut granola (12g), and honey and nut clusters (12g). As much and more than One Original Frosted Krispy Kreme doughnut (12.6 g).

3.2) Kcal and salt too much

Kellogg’s Crunchy Nut Kellogg’s also outperforms all in energy value, with 230 kcal for a serving of caramelized granola, 224 kcal the ‘nuts and chocolate’ version, 217 kal the chocolate honeycomb. Values close to those of a Mars bar (228 kcal), exceeding 10 percent of an adult’s average daily requirement.

The salt hidden in Kellogg’s ultra-processed ‘cereals’ reaches 7 percent of the recommended daily allowance for an adult in the UK (6 g/day, already higher than the 4-5 g/day threshold indicated by WHO).

More salt than a packet of Walkers ready-to-eat salted chips (0.34g) is found in Crunchy Nut honey and nuts (0.43g), fruit and fiber (0.4g), All-Bran (0.38g), Crunchy Nut chocolate (0.37g) and All Bran golden crunch (0.37g).

4) Interim Conclusions

Allergens are another critical aspect of Kellogg’s that-in defiance of reg. EU 1169/11 and the sacrosanct right to information of vulnerable consumers (13) – indicates the ‘possible presence‘ of ‘gluten from other cereals‘ rather than indefinite ‘nuts‘.

Being a key player in a public health problem, or its solution, is a matter of ethics and responsibility. And it is the responsibility of the supervisory authorities to ensure compliance with the first breakfast cereals manufacturer’s cogent rules.

#AdEnough!

Dario Dongo

Notes

(1) Marta Strinati. England, stop junk food advertising thanks to Health and Care Bill. GIFT(Great Italian Food Trade). 2.5.22, https://www.greatitalianfoodtrade.it/progresso/inghilterra-stop-alla-pubblicità-di-cibo-spazzatura-grazie-allo-health-and-care-bill

(2) Marta Strinati, Dario Dongo. Nutrition and health, here’s how Big Food thwarts WHO. GIFT(Great Italian Food Trade) 3.9.20, https://www.greatitalianfoodtrade.it/idee/nutrizione-e-salute-ecco-come-big-food-ostacola-l-oms

(3) Marta Strinati. Nutrition research diverted by Big Food lobbies. New study. FT (Food Times). 27.1.21, https://www.greatitalianfoodtrade.it/idee/ricerca-nutrizionale-deviata-dalle-lobby-di-big-food-nuovo-studio

(4) Marta Strinati. Corn flakes and filled cereals, 24 compared. GIFT(Great Italian Food Trade). 22.1.22, https://www.greatitalianfoodtrade.it/consum-attori/corn-flakes-e-cereali-ripieni-24-a-confronto

(5) Dario Dongo. Nutrition profiles, 10 years of absconding in Brussels. GIFT(Great Italian Food Trade). 19.1.19, https://www.greatitalianfoodtrade.it/etichette/profili-nutrizionali-10-anni-di-latitanza-a-bruxelles

(6) Dario Dongo. Baby food, 68% is junk food. European research. FT (Food Times). 30.10.19,
https://www.greatitalianfoodtrade.it/mercati/alimenti-per-bambini-il-68-è-junk-food-ricerca-europea

(7) Marta Strinati. Nestlé to Ferrero. Almost all baby foods are harmful. FT (Food Times). 3.9.21, https://www.greatitalianfoodtrade.it/consum-attori/da-nestlé-a-ferrero-quasi-tutti-gli-alimenti-per-bambini-sono-nocivi_1

(8) Marta Strinati. Vegetable beverages, 330 products compared with milk. Scientific study. FT (Food Times). 5.6.20, https://www.greatitalianfoodtrade.it/consum-attori/bevande-vegetali-330-prodotti-a-raffronto-con-il-latte-studio-scientifico

(9) Marta Strinati. Frùttolo and other milk snacks, 10 products compared. GIFT(Great Italian Food Trade). 9/25/21, https://www.greatitalianfoodtrade.it/consum-attori/fruttolo-e-altre-merende-al-latte-10-prodotti-a-confronto

(10) Mark Sweney. Kellogg’s to challenge new UK rules for high-sugar cereals in court. The Guardian. 4/27/22, https://www.theguardian.com/business/2022/apr/27/kelloggs-court-challenge-new-uk-rules-high-sugar-cereals

(11) Emily Craig. More sugar than a DOUGHNUT, saltier than a pack of crisps and just as many calories as a Mars bar: How Kellogg’s cereals REALLY do nutritionally as food giant takes ministers to court over junk food ruling. The Daily Mail. 4/27/22, https://www.dailymail.co.uk/health/article-10758869/How-Kelloggs-cereals-REALLY-fare-nutritionally-food-giant-takes-ministers-court.html

(12) Marta Strinati. The harmful role of sugars in the diet, EFSA opinion. FT (Food Times). 1.3.22, https://www.greatitalianfoodtrade.it/salute/il-ruolo-nocivo-degli-zuccheri-nella-dieta-parere-efsa

(13) Dario Dongo. May contain allergens, ABC. GIFT(Great Italian Food Trade). 6/24/18, https://www.greatitalianfoodtrade.it/salute/può-contenere-allergeni-abc

Dario Dongo
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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.