Food giant Kellogg's is taking the government to court over new rules that would prevent some cereals being prominently displayed in stores because of their high sugar content.
Kellogg's says the rules fail to consider the nutritional value of the milk added to the product.
The company says independent market data shows cereals are eaten with milk or yoghurt in 92% of cases.
But the government said the new rules would help tackle childhood obesity.
Under the new regulations for England, which come into force from October, retailer promotions on food and drink high in fat, salt or sugar will be restricted.
Products covered by the restrictions will also not be allowed to be featured in key locations such as checkouts, store entrances, aisle ends and their online equivalents.
Popular brands such as Crunchy Nut Corn Flakes and Fruit and Fibre are classified as foods that are high in fat, sugar or salt in their dry form and so retailers may be prevented from displaying such products in prominent positions, harming sales.
Including added milk would change the calculation by reducing the proportion of sugar and salt content relative to the weight of the overall serving.
In a statement, Kellogg's said it had "tried to have a reasonable conversation with government" over the issue without success - hence their legal challenge.
Chris Silcock, Kellogg's UK Managing Director, said: "We believe the formula being used by the government to measure the nutritional value of breakfast cereals is wrong and not implemented legally. It measures cereals dry when they are almost always eaten with milk.
"All of this matters because, unless you take account of the nutritional elements added when cereal is eaten with milk, the full nutritional value of the meal is not measured."
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