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What you need to know about the Brexit food and drink labelling changes

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The way food and drink producers, manufacturers, retailers and suppliers label food is changing as of January 1 2021, and you need to be ready. When the UK exited the European Union on 31 January 2020, the transition period was set in motion which ends on...

EU-UK Trade and Cooperation Agreement - Organics Q&A

Julie Robinson
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This brief article aims to answer some questions about the certification, labelling and trading of organic food products following the provisional coming into force of the EU-UK Trade and Cooperation Agreement (TCA) on 1 January 2021. Can organic products...

EU-UK Trade and Cooperation Agreement - Protected Geographical Indications

Julie Robinson
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This brief article aims to answer some questions about the use of Protected Geographical Indications following the provisional coming into force of the EU-UK Trade and Cooperation Agreement (TCA) on 1 January 2021. From 1 January 2021 the names of UK...

EU-UK Trade and Cooperation Agreement and The Groceries Code

Julie Robinson
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Will the remit of the Groceries Code Adjudicator change as a result of the EU/UK trade deal? Nothing in the Trade and Cooperation Agreement impacts directly on the Groceries Supply Code of Practice or the remit of the Groceries Code Adjudicator. The...

Preventing prosecution for alleged Fraud Act offences.

Rebecca Ironmonger
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A medium sized food processing factory which produces products such as donor kebabs for the national and international market was raided by Trading Standards and the National Food Crime Unit at the Food Standards Agency (“FSA”) and subsequently...

Food businesses and Brexit : Addresses for exports to the EU

Julie Robinson
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The Q&A below is about Food Business Operator addresses on pre-packed foods exported into the EU. It is aimed at FBOs in Great Britain and covers the position if, at the end of the transition period: (a) the UK is no longer part of the single market...

Commercial Agents Regulations: new guidance on valuing compensation

Peter Cusick
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The recent (6 March 2019) High Court decision of Green Deal Marketing Southern Limited v Economy Energy Trading Limited and Others has a number of interesting facets, but arguably its greatest contribution is in relation to the question of how to value an...

Packaging - the drivers, the pressures and the future

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The following guest blog is by Paul Jenkins.  Paul is Managing Director of ThePackHub , and will be guest speaker at our next Food Business Breakfast on 15 November.  If you would like to join us at the Breakfast, full details and free...

The robots are coming...eventually

Mark Dodds
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If you listen to the headlines you will be forgiven for believing that we will all be replaced by robots within the next few years. But how does the reality compare with the hype and how well has the food sector embraced this emerging technology? As we...

How does Nestlé bounce back after KitKat case?

Lizzie Walters
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The latest blow to Nestlé in its battle to trademark its KitKat product will perhaps come as little surprise to those of us within the legal profession; we’ve seen Nestlé and its bitter rival Cadbury lock horns numerous times in the past,...

Getting robotics right: implementation in food

Martin Jinks
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The robotics industry is one of rapid growth and innovation within the food sector.  The benefits for productivity, health and safety and profit increase are definitely appealing, but it’s crucial that food businesses do not ‘run before they...

KitKat decision highlights the need to protect assets early

Lizzie Walters
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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 plan 10% sugar removal by 2018

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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...

Iceland v Iceland: the importance of legally protecting your brand assets

Lizzie Walters
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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...

Food price inflation - who will bear the brunt?

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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...

Method of Production labelling fraught with challenges

Tim Russ
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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...

PGI, PDO and TSG - how to protect your food products

Lizzie Walters
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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...

Food and drink sector commercial agent awarded £180,000 under the Commercial Agents (Council Directive) Regulations 1993

Peter Cusick
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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...

Angus Growers ruling significant for Producer Organisations

Peter Cusick
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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...

A timely reminder to protect your designs

Lizzie Walters
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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...

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