Dairy UK says it is optimistic that the FSA will raise the sugar threshold set out in the Nutrient Profiling Model - two weeks after Asda was told its whole milk contained too much sugar to advertise to kids.
Asda's whole milk fell foul of the NPM because it contains 4.7g of the milk sugar lactose per 100g, 0.2g higher than the threshold.
Dairy UK director-general Jim Begg said the FSA had been receptive to calls for that threshold to be raised and suggested there was no reason it wouldn't happen ahead of the wider review of the NPM called for by The Grocer's Weigh It Up! campaign and expected in 2009.
"The problem comes down to a small technical issue we are confident the FSA will change," he said. "It used average sugar content, which varies, so there has to be flexibility in the system to accommodate that."
Dairy UK will submit evidence to the FSA in the next fortnight. "We hope it will help them recognise the insignificant nature of this problem," said Begg..