Our contents this week:
Retail, Food & Hospitality updates
Food Standards Agency consult on best practice guidance for declaring allergens in food consumed out of the home: The guidance sets out that it is best practice for food sold loose for presence of any of the 14 major serious allergens to be declared in writing in an easy to use, clear, comprehensive and accurate manner and that this should be complemented by conversations with customers. Responses are required by 27th November. View >
Banks given new powers to combat fraudsters: HM Treasury has highlighted proposed new laws to extend the time that payments can be delayed by 72 hours where there are reasonable grounds to suspect a payment is fraudulent and more time is needed for the bank to investigate. The Payment Systems Regulator has also introduced a cap of £85K for compensation of consumers subject to payment frauds. (reduced from £415k). Government > Trading Standards > PSR >
Client Earth report calls recycling symbols on plastic packaging misleading: Environmental lawyers at Client Earth have published a new legal analysis shedding light on the legality of plastic recycling claims under consumer protection law. They have issued a warning to supermarkets and producers: misleading recycling claims on products already on the market can be legally challenged by consumer protection authorities. Client Earth argue that recycling claims which feature circular loop imagery claims misrepresent the reality of the packaging’s environmental impact across its lifecycle, by emphasising positive aspects (e.g. the theoretical possibility of recycling) which are in reality only marginal and incomplete. View >
EU updates
DEFRA Decide not to implement ‘Not for EU’ labelling requirement in Great Britain. In a move welcomed by the Food and Drink federation and apparently breaching the Windsor Framework agreed with the EU DEFRA have decided not to proceed with extension of the requirement to label products produced in Great Britain ‘Not for EU’ which was due in force on 1st October. It would appear that the labelling requirement will still apply to products produced in Northern Ireland. DEFRA has left open the possibility of introducing more targeted requirements. Government consultation > Government publication > Government guidance > Food and Drink Federation >
European Court of justice rulings:
- Member states are not permitted to restrict the use of animal-based terms such as steak and sausage in the labelling of vegetable protein products unless EU product naming rules are in place. View >
- Social media networks (such as Facebook) cannot use personal data collected without time limit for targeting marketing campaigns. View >
EU Commission publish digital fairness check of EU consumer law: The Fitness Check indicates the prevalence of multifaceted problems that consumers encounter in the digital environment, including deceptive or addictive interface designs and functionalities, personalised practices targeting vulnerabilities, difficulties with the cancellation and renewal of digital subscriptions, forced acceptance of unfair contract terms and challenges associated with social media commerce, such as influencer marketing. There is a continuation of the same problems of power imbalance between consumers and traders that triggered EU action in the past, now amplified by the increased scale, speed and potency of digital solutions for targeting consumers. On 17 September 2024, the President of the European Commission, Ursula von der Leyen, tasked the next Commissioner for consumer protection to “develop a Digital Fairness Act to tackle unethical techniques and commercial practices related to dark patterns, marketing by social media influencers, the addictive design of digital products and online profiling, especially when consumer vulnerabilities are exploited for commercial purposes”. Europa > BEUC >
EU Regulations:
- Authorising biocides: Divosan PAA products > prallethrin > silver zinc zeolite >
- Digital labelling of EU fertilizers: View >
European Food Safety Authority opinion:
- Modification of existing maximum residue limits: dichlorprop-P >
Developments to watch
DEFRA: Announce extensions to areas affected by Bluetongue virus.
Grocery Code Adjudicator: Publish brief report on annual conference 2024. The GCA is to focus on Delays in payments, including issues with the Retailers’ goods-in processes. retailer de-listing processes, including giving reasonable notice and handling of cost price negotiations. View >
Food Standards Agency: Publish results of 4th round of retail food surveillance sampling. 40% (16 out of 40) of frozen raw chicken was non-compliant due to undeclared, or excess, added water and labelling issues. 42% (10 out of 24) of frozen beef burgers were non-compliant, with eight samples having less meat content than declared, and 4 samples containing higher fat levels than stated. View >
Protect UK: Publish video on design steps to prevent hostile vehicle migration. View >
For your information
Non-food product safety alerts: Office for Product Safety and Standards > EU Safety Gate > US Consumer Product Safety Commission >
Association of Convenience Stores: Issue advice to members to prepare for Scottish and Welsh vaping restrictions. View >
