Retail Food and Hospitality Regulatory Update 3 January 2016

In this week's edition:

European Court rejects minimum unit pricing for alcohol: The European Court of Justice has ruled against Scottish proposals to implement unit pricing for alcohol following a challenge brought by the Scottish Whiskey Association and other trade bodies. The Scottish Government has responded defiantly that this is an issue to be determined locally. View > 

ASA rules against Nestlé ‘great start to the day’ claim: Following a complaint by the Children’s Food Campaign to the Advertising Standards Authority has ruled that the claim ‘great start to the day’ breaches the code due to the high sugar content of the product.  View >

Childrens Food Campaign > 
British Heart Foundation >

ASA rejects price comparison complaint re temporary reduction from sale price: The ASA has rejected a complaint regarding a claimed reduction by John Lewis from a previous price that had applied for 211 days, despite the price being further reduced for three days within the sale period to match a competitor’s price. View >

ASA rejects complaint re ‘it wouldn’t be Christmas without Baileys: Diageo have successfully defended a complaint by Alcohol Concern that the advertising breached the code.View >

Scottish food waste collection obligation in force: The Scottish Government has highlighted that food businesses in urban areas in Scotland generating more than 5kg of food waste per week must have a separate collection arrangement in place from 1 January. View >
The Scottish Government has also published details of further proposed research around national deposit return schemes for packaging. View >

EU consultation on ingestion of toxic materials from toys: The EU Scientific Committee on Health and Environment has issued an opinion for consultation on the quantities of toy materials likely to be ingested by children – on which toxic content limits are based. Closing date 14 Feb. View >

UK Government seeks views on future Digital Strategy: The Cabinet Office and Department for Culture Media and Sport have issued a call for views as to future Digital strategy. Closing date 19 Jan. View >

EU consultation on effectiveness of competition enforcement: The Competition and Markets Authority has highlighted an EU online consultation on the effectiveness of enforcement regimes in member states – Closing date 12 Feb. View >

Review of ‘VAT free airside shopping prices: HM Treasury have announced a review by HMRC at the prices charged in Duty Free outlets. View >

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Hilary Ross

Executive Partner (London) - Head of Retail, Food & Hospitality

Recognised by The Lawyer as one of the UK’s Top 100 lawyers, I advise clients on compliance and challenges across the EU in relation to products, systems and safety.