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In the latest court battle between Nestlé and Cadbury, the Court of Appeal has refused to allow Nestlé to trade mark the shape of its four-fingered KitKat bar. Last year Mr Justice Arnold, sitting in the High Court, ruled in favour of...
Nestlé have announced their next materiality goal in nutrition, building upon previous targets of reducing sugar in their children’s cereals and their unhealthiest products. The food giant has given itself the target of reducing the sugar...
The cold war over the usage rights of the name Iceland highlights the legal problems that can arise without effective brand name protection. When Malcolm Walker opened his first Iceland store in Oswestry, Shropshire in 1969, no one knew that he...
Since the Brexit vote, much has been made of the benefits for British exporters of a weaker pound, however, relatively little has been heard of the prospect of higher food prices - until the news of the recent impasse between Tesco and Unilever. Unilever...
Calls for a mandatory ‘method of production’ label on meat and dairy products could be fraught with challenges and the recent proposals from the British Veterinary Association (BVA) could be impossible to police. The BVA has suggested that...
What protection is available? Protected Geographical Indication ( PGI ) This is for products that are closely linked to a certain geographical area. If protected, at least one of the stages of production, processing or preparation will have to take...
The colourful and entertaining judgment of Mr Justice Flaux in Alan Ramsey Sales & Marketing Limited -v- Typhoo Tea Limited published on 8 th March 2016 is essential reading for anyone advising on the Commercial Agents (Council Directive) Regulations...
The recent Judgment of Lord Tyre in the case of Angus Growers Ltd v Scottish Ministers Court of Session (Outer House) will make very unpleasant reading for the Rural Payments Agency in many ways. It is a case of great interest to those advising Fruit and...
As a food business you would be wise to invest in protecting your key designs – particularly after the courts rejected a plea by Kit Kat to trademark their legendary four-fingered shape. The well reported case involved Cadbury, who challenged an...
So you have finally secured the deal with the large retailer to stock your food products. It will be plain sailing from now – massive orders, secure cash flow and national exposure for your brand. Right? Not necessarily, and in fact for most...
This is an update following the commencement of the Modern Slavery Act 2015 (the Act), in particular s.54 which places an obligation upon those businesses with a total turnover in excess of £36 million which carry on business in the UK, or a part of...
An FSA decision could lead to unnecessary and excessive controls on meat suppliers. During a meeting on 9 September the FSA Board considered a range of controls for businesses when they are serving ‘rare’ mince following an increase in demand...
As part of the Modern Slavery Act, which came into force on 31 July, all companies and partnerships operating in the UK with an annual turnover of £36m or more will have to provide a yearly statement detailing their efforts to stop supply chain slavery...
The UK food industry is facing yet another supply chain scandal, and while not on the same scale as ‘horsegate’, the Bart’s Ingredients and Genius product withdrawals and now the ‘oregano’ food fraud (see The Grocer article ...
Leading free-from manufacturer Genius recently recalled over 20 of its lines from supermarkets across the country and while the reputational damage suffered by Genius will no doubt be substantial, there is a question as to whether it is warranted. According...
What is a brand? A strong brand helps distinguish a business’ products from its competitors’. It adds value to the business by enhancing consumer awareness and improving customer loyalty. A brand can be made up of many elements, including: A...
This information has kindly been provided by the British Frozen Food Federation http://bfff.co.uk/ ALL food manufacturers will be inspected by HSE between April '15 and April '16. Their inspections will start with food producers within the...
The aim of a Producer Organisation (PO) is to support its members and help them to secure a better position in the market, reduce costs, increase the viability of all members’ businesses and achieve a more sustainable position in the supply chain. ...
The Groceries Supply Code of Practice (GSCOP) is legislation designed to regulate the relationship between supermarkets and their suppliers. Since its introduction in 2009 the Code has had, in reality, limited impact. However, the introduction of a...
Peter Bennett, head of the Food and Drink team at specialist law firm Roythornes, has listed his top five legal themes for 2015. Free From The growth in free-from foods has been explosive and is likely to continue for years to come. Over the past five...
