Retail, Food and Hospitality Regulatory Update 6 March 2016

In this week's edition:

But what is the ‘usual price’: ASA rulings this week have generated additional complexity around making price comparisons with a traders previous prices. The old certainty of price establishment for 28 days in the previous six months and the higher price being the last price charged, has been abandoned in favour of broader examination of the price at which the product has been sold. View »

ASA has also held, following a complaint by Sainsbury’s, that Tesco didn’t make the conditions of its never undersold brand price match sufficiently clear. View »

CMA publish business guidance: The Competition and Markets Authority has published detailed guidance on: Deposits, advance payments and cancellation charges: View »

How clear are your terms and conditions?: BIS has launched a call for evidence on clarity of terms and conditions. It is proposed that a power for CMA and Local Authorities to issue civil penalties for contravention of the Consumer Protection Regulations will be introduced. View »

Post-harvest treatments must be declared: The European Court of Justice has ruled against the Spanish Government which was objecting to a requirement in an EU marketing standard for citrus produce labels to declare post-harvest treatments. View »

Employer vicariously liable for racist behaviour of employee: The Supreme Court has ruled that Morrison’s is vicariously liable for the racist abuse of a customer by one of its employees. 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.