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Consultation on restricting junk food promotions comes as Kelloggs lose High Court case over high sugar cereals


By David Porter

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Proposals to limit the promotion of food and drink high in fat, sugar or salt have been published.

The Scottish Government’s consultation seeks views on restricting the promotion of confectionery, cakes, crisps, savoury snacks and sugary soft drinks at checkouts and front of store, and on multi-buy discounts.

The aim is to reduce the health harms associated with poor diet and higher weight.

The consultation will help assess what impact the proposed restrictions would have on businesses and public health, including on health inequalities.

It will run till September 23.

Minister for Public Health Maree Todd
Minister for Public Health Maree Todd

Minister for Public Health Maree Todd said: “Our diets remain too high in calories, fat, sugar and salt which can have serious consequences for our overall health.

“In Scotland, two out of three adults are overweight or obese, with those living in our poorest areas more likely to be overweight and experience the most harm as a result.

“We know that promotions can encourage over-consumption and impulse buying.

“By restricting the promotion of less healthy food and drink we can better support people to make healthier choices and help create a Scotland where everyone eats well and has a healthy weight.”

Food Standards Scotland (FSS) Head of Nutrition Science and Policy Dr Gillian Purdon said: “We welcome the launch of the Scottish Government’s consultation on restricting promotions of foods high in fat, salt or sugar.

“FSS supports the introduction of promotional restrictions on these products as part of a suite of recommendations to address the nation’s poor diet. Promotions can encourage us to buy more than we need, and don’t necessarily save us money.

“Evidence shows that a considerable amount of the food and drink we buy is on promotion, and is often skewed towards less healthy choices such as confectionery, sweet biscuits, savoury snacks, cakes, pastries, puddings and sugar containing soft drinks. These foods account for around 20% of calories and fat in our diet, and more than half of our free sugar intake.

“Restricting promotions of these types of foods is one way to support people to make healthier choices.”

Link to consultation https://bit.ly/consultation-restricting-promotions

Elsewhere in England a high court judgement today rejected 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 less healthy, and which impose limitations on the company’s promotional tactics to sell more of them.

“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.

"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.” said Food Foundation executive director Anna Taylor.

Today’s judgement from Mr Justice Linden actually says levels of obesity have increased from 9.9 per cent in 2019/2020 to 14.4 per cent in 2020/2021 among four and five year olds and from 21per centto 25per cent among ten and 11 year olds in the same time frame.

Although Kellogg’s tried to argue this was because of the covid pandemic Justice Linden said that was irrelevant: "Children who are obese are more likely to suffer health issues including type 2 diabetes, musculoskeletal pain and asthma.

"They are more likely to be bullied at school and to suffer psychological issues, and they are more likely to be obese as adults and, as a result, run an increased risk of heart disease, diabetes, stroke and certain cancers.

"The latest estimate of the cost to the NHS in England of obesity related health issues is £5.1 billion (in 2014/2015) and the estimated total cost to the wider economy is in the order of £27 billion.

‘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.”


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