LONDON, (Reuters) – The U.S.-based food company Kellogg is taking the British government to trial over new regulations that will prevent some of its high-sugar breakfast cereals from being prominently displayed in supermarkets.

Kellogg’s has brands like Frosties, Coco Pops, and Crunchy Nut. They claim that the government’s formula to determine the nutrition value of cereals is incorrect and should not be used legally.

Chris Silcock is the Kellogg UK’s Managing Director. “It measures cereals dry if they are almost always eaten together with milk,” he said.

All of these factors are important, because without taking into consideration the nutritional element added to cereals when they’re drank with milk the entire nutritional value of the meal can’t be calculated.

Silcock claimed that company was planning to go to court to have the formula modified.

Kellogg’s received approval for a petition for judicial review. The court hearing will take place on Wednesday.

From October, new rules will limit the placing of foods and drinks high in fats, salt and sugar in retail stores. Retailers can also promote those products.

It is not possible to display less-healthy products in critical store locations such as entrances, checkouts, aisle ends, and online counterparts.

The stores must also limit the volume of price discounts such as “buy 1 get 1” and “3 for 2”, which are offered on so-called HFSS product.

Although the Department of Health and Social Care (DHSC), said that it couldn’t comment on Kellogg’s case, they defended the new rules.

A spokesperson for DHSC stated that obesity costs more than 6 billion pounds ($7.5billion) per year to the NHS (National Health Service). It is also the second leading cause of death in the UK.

“Breakfast cereals make up 7% of average children’s daily intake of free sugars. The cross-governmental strategy for reducing childhood obesity, preventing harmful diseases and improving life expectancy by limiting the marketing and promotion of healthier foods is part of a multi-agency effort to cut down on the sale and promotion of unhealthier food products.

($1 = 0.7959 pounds)