The TV advert which was seen on Sky, Watch, ITV, Quest and UK Gold featured scenes in rapid succession culminating in 304 alternating black and white ‘YES’ words appearing across a screen.

Nina Best, a specialist in advertising law at Browne Jacobson commented:

“Adverts must not include visual effects that are likely to affect adversely members of the audience with photo-sensitive epilepsy. Advertisers must remember that the rules are not only about the words or images included in their advertisement, but also the way they appear is subject to constraints. It is not only what you say that can hurt but the way you say it.”

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
0115 976 6529
nbest@brownejacobson.com

Specific Regulations, which prohibit unlicensed advertising or street trading, have now been finalised. The law is wide reaching and can catch, for instance, persons given branded clothing to wear, and pre-existing advertising in the defined areas. The law is also strict – officers have extensive powers to enforce it, and directors may find themselves personally liable for their company’s actions.

It is fair to say that the wide scope of the laws in place during the London Olympics may catch some businesses by surprise. It is therefore important to plan your marketing and trading activities early, so you can still seek advice and/or acquire permits.

Further information can also be viewed at Olympics – law and practice.

Posted by Oliver Sweeney, who specialises in regulatory matters; including compliance, representation e.g. company prosecutions and public inquiries; transport issues; commercial litigation, including reputation management, contractual litigation and injunctions.

Oliver Sweeney
0115 976 6247
osweeney@brownejacobson.com

The ECN believes the UK needs to introduce decisive policies in light of growing evidence of the impact of diet and physical activity on coronary heart disease.

The introduction of a fat tax in the UK would be very difficult for the Government to suggest right now and for the industry to stomach. The impending Food Information Regulations are already making waves and the force of the Nutrition and Health Regulations is only just being felt.

Introducing a tax on foods which would be sure to cripple certain producers would not be a sensible move. The Nutrition and Health Regulations should have a significant impact on the way certain foods are marketed so it would be wise for Government to let regulators try this weapon first before introducing a new one.

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
0115 976 6529
nbest@brownejacobson.com

The FSA has recently carried out extensive surveys of radio caesium levels in sheep on the restricted farms, finding that the levels rarely exceeded the permitted limit and the risk posed to consumers is now very low.

A spokesperson said “The control measures are now no longer considered proportionate to the very low food safety risk and are no longer required to comply with European food safety law.” The control measures were originally issued to comply with the food safety standards set out in EC Directive 96/29/Euratom.

The consultation closes on 8 February 2012.

Kassra Powles
0115 908 6200
kpowles@brownejacobson.com

But “Don’t always believe what you read”! The decision made by the European Food Standards Agency is in relation to an application made that claimed water reduces risk of the disease that is dehydration. There are specific regulations that govern what must be proved before a reduction in disease claim may be made. Water did not meet these criteria. However, Europe has confirmed that water may claim that it is important for the maintenance of normal physical and mental performance.

The Nutrition and Health Regulations have been around for some years now, but the impact of them is only just starting to be seen as European scientists have been busying themselves for many years testing the efficacy of over 40,000 nutrition and health claims. It is so important that business take the time to understand the ramifications of often complex decisions, as they don’t always necessarily say what you thought they first said.

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
0115 976 6529
nbest@brownejacobson.com

A study published in the US Journal of Pediatrics shows that, after being shown an advertisement, 71% of children chose a coupon for french fries while their parents remained neutral. The figure only dropped to 55% when parents intervened to ask children to choose the healthy option.

In 2006 the UK announced that all advertisements for foods high in fat, salt and sugar (HFSS) would be removed from all programmes which hold particular appeal for children up to the age of 16.

This study will reignite the debate about advertising and childhood obesity. Whilst there is a strong case for tighter laws on advertising junk food on US television channels the same cannot be said for the UK which has some of the strictest laws in the world on advertising HFSS foods.

Compared to influences such as peer pressure, lifestyle, and income levels the overall impact of advertising on food choice is smaller.

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
0115 976 6529
nbest@brownejacobson.com

According to the Local Government Association UK consumers threw away £14bn worth of food in 2010.

The guidance places greater emphasis on ‘use by’ or ‘best before’ dates and discourages the use of “sell by” and “display until” labels which are primarily used for stock control purposes.

The guidance reflects draft EU food regulations which provide only for mandatory use-by dates and omits the requirement for a best before date to be displayed. UK food labelling laws could be much simpler. This guidance is long overdue and over time it will be reflected in UK law. Any measure that reduces red tape for manufacturers and retailers will be welcomed by the industry but companies will have to continue to ensure customers are provided with any relevant details to ensure that the food they consume is safe.

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
0115 976 6529
nbest@brownejacobson.com

MEP Renate Sommer said that in addition to providing more and better information to consumers to help them make informed choices when buying, it would benefit the food industry too. “There should be more legal certainty, less bureaucracy and better legislation in general”.

The regulations will introduce new rules relating to allergen and country of origin labelling, rules to ensure consumers are not misled by ‘imitation foods’, and compulsory rules relating to nutrition labelling.

With only 3 years before the legislation will come into effect, and 5 in relation to nutrition labelling, the new rules could create a significant administrative burden for food businesses who should all think about compliance now.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

The regulation will, amongst other things, extend compulsory country of origin labelling, create new requirements in relation to allergens, vegetable oils and imitation foods, and create a new ‘mandatory nutrition declaration’.

Proposals in relation to trans fats, and the further extension of country of origin labelling have been left in the hands of the commission to assess further. To add to this the EUFIC only yesterday released a report questioning whether consumers make healthier choices as a result of nutrition information on packaging.

Businesses may therefore find themselves further amending their labelling not long after the current proposals come into effect.

If approved, businesses will have 3 years to adapt to the new rules, and then a further 2 years to apply the ‘mandatory nutrition declaration’.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

The situation raises real concerns in the way the EU alerts system is used. Spain has suffered a huge loss as a result of the crisis, not only in the financial loss to its farmers but in the, potentially irreparable, damage to its reputation as a food supplier. Member states are obliged to warn the EU’s Rapid Alert System for Food and Feed when suspected contamination of food is identified. However the naming of specific countries, especially where this could turn out to be wrong, is arguably going too far.

The loss may not only be to Spain but to the EU as a whole, with Russia imposing an embargo on all EU fruit and vegetables, stating that EU health legislation does not work.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

A Bill introducing legislation to establish the GCA (a body to adjudicate on the application of the rules) is imminent – but the cumbersome legislative process still means the GCA will not be in place until 2013.

This matters because GSCOP was actually brought into force in February 2010. The GSCOP is a means of balancing power between suppliers and the 10 largest grocers but with no enforcement authority it inevitably loses impact.

Although, some supermarkets are making a virtue of compliance others are not. Some suppliers are aware of the GSCOP, others are not. Those who comply need to be endorsed and those who do not need to see real benefits from compliance. Until the GCA is established both business and consumers await a GSCOP with bite.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

The argument goes that consumers rely too much on these labels (which are not an indication that food will be harmful – unlike ‘use-by’ dates). Confusion between labels causes consumers to throw away food that is safe to eat. If the labelling regime changes, consumers would be encouraged to rely on their own common sense to determine if food is fresh.

However ‘best-before’ dates serve an important purpose for manufacturers and retailers. They are an indication to consumers as to when a product is at its best, and can protect against complaints of products being of an unsatisfactory quality. Their use may therefore continue even if a legal obligation no longer exists. Perhaps the government should instead concentrate its efforts on educating the population in matters of food safety.

Posted by Oliver Sweeney, who specialises in regulatory matters; including compliance, representation e.g. company prosecutions and public inquiries; transport issues; commercial litigation, including reputation management, contractual litigation and injunctions.

Oliver Sweeney
0115 976 6247
osweeney@brownejacobson.com

This move is almost certainly not going to affect smaller retailers, the vast majority of whom are not able to sell at such low prices. The move is aimed at supermarkets which have been using alcohol as a ‘loss leader’. However all retailers should keep an eye out for any further increases as this move has been referred to as ‘an important first step’.

This is a weak move by the Government and is unlikely to significantly reduce crime and alcohol related health issues. The question remains as to how high the price floor must be in order to be effective.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

The Bill follows extensive consultation over the summer where those involved in the industry commented upon on various different proposals. Many in the industry feel that the proposals were unnecessarily bureaucratic and would make things much more difficult for an industry that had already suffered severely during the recession.

However it appears that the Government is adamant that local communities need to have more power when it comes to licensing decisions. This view leads to (among other things) more people being given the right to object to the grant of licences; essentially anyone who the licensing authority views as competent to make a relevant representation about an application. There is no longer any restriction to living and working in the vicinity. If these proposals become law Joe Public is going to have a big stick with which he may beat the industry hard!

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
0115 976 6529
nbest@brownejacobson.com

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
0115 976 6529
nbest@brownejacobson.com

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?

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

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?

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

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?

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

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 ?

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