Our contents this week:
Retail, Food & Hospitality updates
Trademark infringement upheld in Thatchers vs Aldi look alike cider packaging case: In February 2020 Thatchers launched Thatchers Cloudy Lemon Cider in individual 440 ml cans and in four-can packs in cardboard packaging and registered its packaging designs as trademarks. In May 2022 Aldi launched Taurus Cloudy Lemon Cider an identical product with similar packaging design. On 22 September 2022 Thatchers commenced proceedings against Aldi for infringement of its Trade Mark under section 10(2) and (3) of the Trade Marks Act 1994 and for passing off. The high court judge dismissed Thatchers claim in a detailed judgment and Thatchers appealed. The Court of appeal decided in favour of Thatchers following L’Oréal v Bellure and commenting that Thatchers would probably have a remedy for Aldi’s use of the Sign under many systems of law, including German law, in unfair competition law even apart from trademark law.View >
UK Single Market Act business protections under threat:
The UK Government is consulting on aspects of the Act excluding those involving Northern Ireland. The consultation seeks views on a local vs national approach to regulation in areas where competence is devolved. Responses are required by 3rd April. News >Consultation >
Proposals to update the law on furniture fire safety published:
The Office for Product Safety and Standards has published a policy paper setting out the Governments new proposed policy approach to regulation in this area together with responses received during consultation in 2023. The policy paper addresses 6 themes within the furniture fire safety policy space. The paper included action the Government intends to take immediately, by amending the FFRs, while decisions are taken about future policy direction. Immediate actions proposed are to:
- Remove certain baby and children’s products from scope of the FFRs, where evidence supports their removal from scope. This will reduce babies’ and children’s exposure to CFRs where the risk of exposure to potentially harmful chemicals is greater than the fire risk posed by those products.
- Remove the requirement for manufacturers to affix a display label to new products, reflecting the limited value of the display label.
- Extend the time frame for instituting legal proceedings from 6 – 12 months, providing the right tools for effective enforcement. News >Publication >Consultation >
Consultation on legal presumptions re accuracy of computer records:
Following the Horizon issue the Ministry of Justice has launched a consultation on the appropriateness of the current legal presumption that computers work correctly and any evidence generated by software is accurate, unless there is evidence to the contrary. The call for evidence is seeking expert input on how computer evidence should be defined, and what could fall into scope of any change to the law. For example, distinctions might need to be drawn between general digital evidence like text messages or social media posts, and evidence which has been specifically generated by a computer system or software. Responses are required by 15th April. View >
Google gives undertakings to Competition and Markets Authority on tackling fake reviews: Following an investigation the CMA has accepted undertakings from Google to ensure that businesses found to be boosting their star ratings via fake reviews have prominent ‘warning’ alerts added to their Google profiles to flag to consumers that suspicious activity has been detected. This will be visible on businesses’ Google profiles, where their overall review scores are shown. Businesses will also have their review function deactivated, meaning they cannot receive any new reviews. Those firms that repeatedly engage in fake review activity will have all their reviews deleted for 6 months or more. The undertakings also commit Google to put in place a robust reporting function that allows consumers to easily and quickly report concerning reviews. This includes the ability to report ‘incentives’ – i.e. a payment or reward in exchange for a positive review – which will apply regardless of whether the incentive is offered in person or online.To ensure Google is complying with the undertakings it has signed, the firm is required to report to the CMA over a 3-year period. View >
EU updates
EU Regulations:
- Approving plant protection products: Bacillus subtilis >Bacillus velezensis >grape seed extract >Pythium oligandrum >
- Novel foods: isomalto-oligosacharide >UV treated powder of yellow mealworm >
- Setting maximum residue levels for plant protection products: fluxapyroxad, lambda-cyhlothrin, metalaxyl and nicotine >
- Extending approval periods for 20+ plant protection products: View >
European Food Safety Authority opinions
- Pesticide risk assessment: spinosad >
- Maximum residue level: acequinocyl >
- Safety of feed additive: chromium propionate >
Developments to watch
DEFRA: Publish update on ongoing Avian flu Outbreak – 26th January. View >
HMT: Chancellor announces planning reforms with the intention of supporting growth. View >
HMT: Urge industry regulator chief executives to ‘Tear down barriers to growth’. View >
Association of Convenience Stores: Publish business guidance on simplified waste / recycling requirements from 31st March 2025. View > View >
DEFRA: Publish guidance on ban of single use vapes in force from 1st June 2025. View >
No.10 and Home Office: Announce intention to introduce two stage age verification in respect of online sale of knives to Police and Crime Bill. (detail absent outside of media reports). View > View >
OFCOM: Publish a ‘digital safety toolkit’ for online service providers. View >
DEFRA: Reject application for emergency authorisation of neonicotinoid pesticide. View > Friends of the Earth >Client Earth >
For your information
Non-food product safety alerts: Office for Product Safety and Standards > EU Safety Gate > US Consumer Product Safety Commission >
Portman Group: Announce first major proactive survey of code compliance. View >
Regulatory Horizons Council: Publish recommendations for the regulation of ‘engineering biology. View >
Food and Drink Federation Scotland: Name Chair: James Macsween and Vice Chair Katherine Durie.View >
Food Standards Agency: Confirm the appointment of Katie Pettifer as Chief Executive.View >
Welsh Government: Announce appointment of Professor Isabel Oliver as Chief Medical Officer.View >
Cabinet Office: Appoint Michael Ellam as 2nd Permanent Secretary with responsibility for EU and International Economic affairs.View >
Scottish Government: Publish letters to UK Government over the value of protections in the EU Digital Service Act and letter to the Regulatory Review Group on the Scottish Consumer Duty.View >View >
Consumer Product Safety Commission: Name Peter A. Feldman Acting Chairman.View >
