Kellogg’s is taking legal action against the government over its high fat, sugar and salt (HFSS) legislation, claiming the rules unfairly represent breakfast cereals.

The maker of brands such as Corn Flakes, Coco Pops and Crunchy Nut said the Nutrient Profiling Model, a formula used to gauge nutritional value, is wrong and accounts for portions of dry cereals and not for a bowl with milk.

Kellogg’s is calling for the application to be changed so it reflects the presence of milk with cereal. The case is proceeding to the next stage, after a judge ruled it has merit.

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