Our contents this week:
Retail, Food & Hospitality updates
Consultation on changes to unfair commercial practices guidance: The Competition and markets Authority has launched a consultation on draft guidance under the Digital Markets Competition and Consumers Act 2024 which replaces the Consumer Protection from Unfair Trading Regulations 2008. The guidance in addition to including illustrative examples of banned practices includes guidance on new banned practices around drip pricing and fake reviews. Pages 99 to 107 of the guidance summarise changes under the consumer provisions of the DMCCA from UCPR once in force probably from April 2025. The burden of proof on the prosecution around impact on economic behaviour and transactional decisions is reduced. Responses are required by 22nd January 2025. View >View >View >
Consultation on changes to the advertising codes: The Committee of Advertising Practice (CAP) and the Broadcast Committee of advertising Practice (BCAP) have published a public consultation on proposed amendments to their Codes to reflect changes to UK consumer law arising from the Digital Markets, Competition and Consumers Act 2024 (DMCCA). CAP and BCAP’s proposals cover all sections of the Codes that include rules derived from consumer protection regulation provisions, which are to be replaced by the relevant sections of the DMCCA. In addition, CAP and BCAP have identified certain other areas not connected to changes in the DMCCA, namely recognition of marketing communications, children, use of data for marketing, medicines, medical devices, health and beauty products and environmental claims where rule changes are proposed. Responses are required by 5th February 2025. View >
Online market places to be liable for electrical waste recovery on imported consumer goods: Under plans published by DEFRA, online marketplaces will need to register with the Environment Agency and report data on UK sales of their overseas sellers. This data will be used to calculate the financial contribution the online marketplace will make towards the costs of collection and treatment of waste electricals that are collected by local authorities and returned to retailers. The cost of that annual registration will be subject to a consultation led by the Environment Agency. A new category of electrical equipment for vapes will also be introduced to ensure that the costs of collecting and treating vapes fall fairly on those who produce them. Transitional reporting obligations will be introduced in 2025 to ensure that online marketplaces are financially obligated in respect of sales by their overseas sellers in 2026. Obligations will be in line with those placed on businesses defined in the regulations as producers. View >View >View >
Government launches ‘Zero-based’ scrutiny of Departmental spending: HM Treasury have launched a major spending review requiring all costs incurred by Government departments to be scrutinised. Spending is to be reviewed by business led challenge panels and an online portal is being set up for businesses to put forward proposals.View >
EU updates
EU Commission launch plan to secure fairness in agricultural supply chains: The Commission has proposed targeted amendments to the current legal framework set in the Regulation establishing a common market organisation of agricultural products (CMO) and a new Regulation on cross-border enforcement against unfair trading practices to strengthen the protection of farmers in agriculutural supply chains. The proposals provide for written contracts between farmers and buyers, mediation mechanisms between farmers and their buyers, boosting producer organisations and their associations by improving their bargaining power. The proposals propose also to define when optional terms like “fair,” “equitable,” and “short supply chains,” can be used to describe the organisation of the supply chain when marketing agricultural products. View >
European Food Safety Authority publish Zoonoses report for 2023: In 2023, listeriosis cases reached their highest level since 2007, while campylobacteriosis and salmonellosis remained the most frequently reported zoonotic diseases in the EU. The number of reported human cases of listeriosis (2,952) showed a consistent rise over the 2019–2023 period, hitting their highest levels since 2007. Campylobacteriosis and salmonellosis were the most frequently reported zoonotic diseases in humans in the EU. In 2023, 148,181 campylobacteriosis cases were reported. View >
European Food Safety Authority opinions:
On food additives:quillaia extract (E999) >
Risk assessment of complex organoarsenic compounds in food.View > View >
DG Health and Food Safety, Scientific Committee on Consumer Safety:
Publish minutes of working group on nanomaterials in cosmetics.View >
The guidance in addition to including illustrative examples of banned practices includes guidance on new banned practices around drip pricing and fake reviews. Pages 99 to 107 of the guidance summarise changes under the consumer provisions of the DMCCA from UCPR once in force probably from April 2025. The burden of proof on the prosecution around impact on economic behaviour and transactional decisions is reduced. Responses are required by 22nd January 2025. View >View >View >
Client earth: The Committee of Advertising Practice (CAP) and the Broadcast Committee of advertising Practice (BCAP) have published a public consultation on proposed challenge to the EU Commissions ten year approval of use of Glyphosate by Client Earth and around forty other campaign groups in the European Court of Justice. View >
Developments to watch
Competition and Markets Authority: Consult on consumer protection enforcement guidance – Responses required by 22nd January. View >
DEFRA: Publish update on Avian flu outbreak.View >
Ministry of Housing, Communities and Local Government: Publish changes to planning policy and system.View >
Welsh Government: Publish three principles setting out its approach to UK legislation in areas of devolved competence. View >
Government Chemist: Publish webinar on weight of evidence approach to establishing food authenticity.View >
For your information
Non-food product safety alerts: Office for Product Safety and Standards >EU Safety Gate >US Consumer Product Safety Commission >
Office for Product Safety and Standards: Publish updated guidance on General Product Safety Regulations. View >
DEFRA: Publish food security report 2023 and quarterly pesticides in food monitoring report. View > View >
Department for Business and Trade: To set up Government growth service in 2025. View >
