This edition of our Food & Drink update contains a selection of important developments that food & drink companies need to be aware of. Please explore a quick summary below, and then our individual newsletter items which go into more detail.
Unpacking Thatchers v Aldi: Lessons for UK food businesses and beyond
Aldi's successful defence of a trade mark infringement and passing off claim made against them by Thatchers Cider demonstrates the nuance IP law has, when it comes to familiar products on supermarket shelves.
ASA consults on new advertising restrictions on less healthy food and drink
The Advertising Standards Authority has launched a consultation on the implementation of new restrictions on the advertising of less healthy food and drink on television, on-demand programme services, and online. The new restrictions, set to be enforced from 1 October 2025, prohibit television services and on-demand programme services from featuring advertising and sponsorship for less healthy food and drink products between 5.30 am and 9.00 pm. They also ban paid-for online advertisements for these products targeted at UK consumers.
Clampdown on greenwashing claims in the food and drink industry
Regulators have warned food and drink businesses to clean up their act and stop overstating or misrepresenting the environmental benefits of their products. Recent investigations by the Advertising Standards Authority (ASA) and the Competition and Markets Authority, have highlighted the issue of greenwashing in the food and drink sector. New guidelines, which form part of a broader effort to combat greenwashing in the industry, have been issued by the ASA.
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Government proposes clearer labelling for British food products
Plans have been announced by Government to introduce clearer and more transparent labelling for British food and drink products. The proposals aim to protect farmers and consumers by improving transparency and enabling consumers to make informed decisions about a product's county of origin at the supermarket and online.
New skilled worker immigration rules could disrupt food industry, warns ALP
The Association of Labour Providers has voiced concerns that new skilled worker immigration rules will have a disproportionate impact on food businesses that depend on overseas labour. The new measures, aimed at reducing net migration, are likely to be particularly detrimental to businesses employing workers in skilled occupations but which attract a lower salary such as butchers, poultry and fish processors, and farmers.
Government reconsiders mandatory food waste reporting
Government is set to reconsider its decision to abandon plans for mandatory food waste reporting. The initial decision to scrap the mandatory reporting requirement was widely criticised and subject to a judicial review. Our Food & Drink team explains the background to the potential U-turn.
New advertising rules for alcohol alternative drinks
CAP and BCAP have published changes to the UK's advertising codes and new guidance for the marketing of alcohol alternative products such as alcohol-free beer. Alcohol alternatives are defined as products with an ABV at or below 0.5% and that are marketed as alternatives to alcohol. The new rules take effect on 14 May 2024.
Packaging producer responsibility: Environment Agency publishes its monitoring plan
The Environment Agency has published its proposed monitoring plan for packaging producer responsibility for 2024. The Packaging Producer Responsibility Monitoring Plan 2024 is a strategic initiative designed to ensure that packaging producers take full responsibility for the life cycle of their products. The plan aims to significantly reduce the environmental impact of packaging waste, promote recycling and encourage the development of more sustainable packaging solutions. The Walker Morris Food & Drink team explains what it means for your business.
Navigating data protection in the food sector: The case of HelloFresh
A food and drink business has been fined £140,000 by the Information Commissioner's Office for its handling of customer data. The company ran a seven-month spamming campaign sending 79 million emails and one million texts. In addition, customers were not given enough information that their data would be used for marketing for up to 24 months after cancelling their subscriptions.
ASA designated as regulator of online advertising of less healthy food and drink
The Advertising Standards Authority has been designated by Ofcom as the regulatory body for online advertising of less healthy food and drink. This designation of the ASA as regulator, represents a significant step in the regulation of online advertising of less healthy food and drink, with the ASA taking on a pivotal role in this process. Richard Naish of our Food and Drink team explains.
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