Archive for the ‘Food & drink’ Category

How clean is your local?

Monday, August 23rd, 2010

Thousands of food businesses will have their hygiene ratings made public from 1 October.

Hygiene ratings will be shown on a numeric scale. A rating of five indicates very good food hygiene standards. There is then a sliding scale to a zero rating which indicates that urgent improvement is necessary.

The FSA today published the newly designed branding that intends to make it easy for consumers to understand and use food hygiene ratings. The design is big and bold.

Although the small print provides that the guide is not a guide to food quality, who would want to dine in an establishment where “URGENT IMPROVEMENT IS NECESSARY”? With hygiene ratings often being the subject of intense debate between the local authority and establishment, and the huge potential for the food business to lose considerable business following receipt of a low rating, is it really fair to force this businesses to display this label?

Posted by Nina Best, who specialises in regulatory matters; entertainment licensing; advertising and marketing law; advice and representation on infringement of Food Safety Manufacturing Product Regulations.

Nina Best

Nina Best
0115 976 6529
nbest@brownejacobson.com

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The worst did happen – Dr Pepper #fail

Thursday, July 22nd, 2010

In a novel promotion, Dr Pepper recently launched a Facebook app which gave consumers the chance to win £1,000 – if they allowed Dr Pepper to “hi-jack” their status updates. Dr Pepper, in line with their “what’s the worst that could happen” strapline, would use the app to post amusing embarrassing statements, which would appear as if they had been made by the entrants.

However the promotion went wrong when a 14-year-old girl’s status was updated with a reference to a hardcore pornography film, causing an outrage. Now Coca-Cola are reportedly considering moving their account from the advertising agency responsible for the promotion.

This shows the importance, when dealing with a novel promotion mechanic, of ensuring the promotion is carefully reviewed before it is run – not just for legal compliance, but also to establish what’s the worst that could happen?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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A sobering thought!

Wednesday, June 30th, 2010

So, alcohol survived the emergency budget. However, many fear that this is a small rest bite before the storm that is sure to come once the Government has overhauled the Licensing Act 2003 as its attempts to tackle the binge drinking culture in our country.

Whilst we wait to see what happens MPs north of the border have voted through the ground-breaking Alcohol Bill which could result in drink promotions banned full stop, an ability to raise the age for buying alcohol, and “social responsibility fees” for retailers who choose to sell alcohol.

Whilst it seems unfathomable that alcohol will ever stop being a big part of British culture, who could have predicted a near universal ban on smoking in public venues across the EU. When will the shackles on the sale of alcohol stop tightening? Will it stop at prominent health warnings on packaging being mandatory or will a far more draconian hand be dealt to the industry?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Can you say (Cumberland) sausages?

Wednesday, November 11th, 2009

This week Walls have admitted to the Sunday Telegraph that at least half its meat is sourced from pig farms outside the UK. This other meat comes from Denmark, Holland and Germany. However, the labels on its “Lincolnshire ” and “Cumberland” sausages do not set out the foreign origin of the meat.

In their defence, Walls say that the use of the term “Lincolnshire” sausages refers to a traditional recipe, rather than the place from where the meat is sourced. They say that they source as much meat as they can from the UK, and merely complement that with supplies from audited producers in Europe.

Walls sausages are marketed as a distinctly British brand. However, meat from abroad can be significantly cheaper to produce than meat from the UK, and legally, Walls are not required to label their products to indicate that some of its meat content comes from abroad. Indeed, so long as the product is actually manufactured in the UK, it can at present bear the wording “British Made.”

Do you think this is good enough or should manufacturers and retailers  be required to explain EXACTLY where the ingredients of products come from – or maybe it’s all a load of old Hogwash?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Like water off a fat duck’s back?

Monday, November 2nd, 2009

Celebrity chef, Heston Blumenthal has escaped a food safety prosecution due to there being insufficient evidence to show a clear breach of food safety legislation.

Avoiding a prosecution is clearly a good thing. However, following the investigation into the allegations that Blumenthal’s food had sickened 529, a report was produced by the Health Protection Agency (“HPA”). The report criticised the Michelin star restaurant and has been circulating in the public domain for some time now.

The report primarily concluded that oysters tainted with sewage led to guests contracting the norovirus after eating at the restaurant.

However, the report did not absolve Blumenthal’s restaurant from responsibility. It identified failings in the management system. In particular, it said that the restaurant had failed to respond to the incident appropriately.

As well as the negative image that the incident has already created, Blumenthal’s handling of the outbreak, and in particular his hostile response to the HPA’s findings has upset some of its customers, and it is reported that some customers intend to sue the celebrity chef.

Does this story give you the confidence that you have the protection from Food Safety Legislation that you expect when you dine out ?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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