Consuming Issues

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I am pleased to welcome you to our Summer 2013 Consuming Products update. We capture relevant issues and topics of interest for in-house legal and business personnel alike. In particular, in this issue we cover the following:

The Horse Meat Fiasco – Vital Checks For All Food Producers
We look at the recent issues in relation to the contamination of meat products and the importance of not only checking suppliers have the requisite systems in place but also that such systems are being implemented and the products supplied are tested.

Pricing claims that come at a cost
We have started to see the results of the OFT’s enforcement action following its 2010 market study into the advertising of prices. That report highlighted certain pricing practices that were ‘more likely to lead to consumer harm’ (such as drip pricing and time limited offers) and made clear that advertised prices must be both transparent and upfront. We look further at recent ASA cases in relation to pricing issues.

Disposing of surplus property – what recent case law has taught us in relation to Break Rights
As companies continue to look for ways to save money, downsizing of property portfolios remains high on the agenda. Conversely landlords don’t want to suffer another void in this climate and look for ways to retain tenants, often resorting to Court. We have reviewed the trends in relation to break clause cases before the courts and examine the lessons learnt.

Wine may not be promoted as being ‘easily digestible’
The Court of Justice of the European Union has sought to clarify the principles for determining whether a statement can be properly considered a health claim in relation to food labelling. We look further at using the claim ‘easily digestible’ for a wine.

Caution on consumer competitions
Beware - the Court of Justice of the European Union has made a far reaching decision on consumer competitions which has an unwanted impact on promoters in the UK and elsewhere across Europe. We explore the particular requirements in relation to consumer competitions and what promoters should be aware of

Lifting creams and tumbling scooters - substantiating advertising claims in The Netherlands and wider EU impact
We look at the rules concerning misleading and comparative advertising in The Netherlands and the main principles governing what is and what is not permissible.

Major Changes in the Regulation of the Food Sector in the Czech Republic
The Czech Ministry of Agriculture has recently proposed extensive amendments to legislation governing Food Sector regulation. We review how the new legislation will extend existing labelling requirements, especially with regard to nutritional information, allergenic substances and the country of origin.