Retail, Food and Hospitality Regulatory Update 4 June 2017

In this week's edition:

ASA judgments highlight failure to make terms, conditions and additional charges clear: The Advertising Standards Authority has upheld a complaint against William Hill for failing to ensure that the terms and restrictions applying to a gambling offer were made clear. View > 

A complaint has been upheld re advertising, for failure to indicate that luggage charges applied. View >

DEFRA air quality proposals face legal challenge: A decision by ClientEarth to challenge the proposals set out in the recent DEFRA consultation has been welcomed by the Chartered Institute of Environmental Health. View >  View >

Portman Group reject alcohol packaging complaint: The Portman Group has rejected complaints that use of the terms ‘Black Jack’ and ‘Fruit Salad’ for flavoured Schnapps breach rules of the packaging code on child appeal. View > 

The Portman group has also issued a guidance note on ‘innovative packaging’. View >

Consultations launched on merger proposals: The Competition and Markets Authority is requesting comments on the proposed Tesco takeover of Booker – Closing date 13 June. View >  

CMA are also consulting on competition concerns regarding online auctions offered by ATG – Closing date 19 June. View >

EU Technical regulations:

  • Adding Traditional Welsh Perry and Cider to list of EU protected geographical indications. 2017/922 > 2017/923 > 
  • Authorising Lactobacillus plantarum DSM 29024 as a feed additive. 2017/912 > 
  • Authorising fumonisin esterase as a feed additive for birds. 2017/913 > 
  • Authorising DSM 11798 of the Coriobacteriaceae family as a feed additive for birds. 2017/930 > 
  • Authorising formic acid as a feed additive. 2017/940 > 
  • Authorising two BASF Aspergillus derived products as feed additives for birds. 2017/950 > 

European Food Safety Authority publications:

  • Consultation outcome and guidance ingredients in foods for babies of under 16 weeks in age. View > View >
  • Welfare of pregnant animals at slaughter. View >
  • Consultation outcome on pesticide flupyradifurone. View >
  • Max residue levels from use of chlorpyrifos-methyl on pomegranate. View >
  • Genotoxicty of flavouring susbstance α,β-unsaturated aldehyde. View >

Brexit Developments

EU report outcome of EU China summit: The EU has reported on the 19th round of discussions with the Republic of China. Tangible outputs include an agreement for mutual recognition of 100 protected food names from each country. View > View >

European circular economy industry platform launched: Business Europe has announced the creation of a platform to bring about dialogue between business and the EU institutions on development of the circular economy. View >

Call for UK ratification of Unitary Patent Court Agreement: The British Chambers of Commerce and Eurochambres have called for the UK to proceed to ratify an agreement for the protection of intellectual property rights irrespective of Article 50. View >

Chartered Trading Standards Institute outlines its methodology for determining Brexit policy: 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.

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.