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Welcome to the Retail, Food & Hospitality Regulatory & EU Updates round-up. Week ending 01 December 2024

04 December 2024

This week’s regulatory developments in order of importance, so you can ensure you're up to date with the latest changes impacting your business.

Our contents this week:

Retail, Food & Hospitality updates

Loyalty pricing given clean bill of health: Following an extensive review by the Competition and Markets Authority the authority has concluded that ‘shoppers who are members of a loyalty scheme can almost always make a genuine saving on the usual price by buying loyalty priced products’. Having analysed around 50,000 grocery products on a loyalty price promotion, the CMA found very little evidence of supermarkets inflating their ‘usual’ prices to make loyalty promotions seem like a better deal. Chapter 6 of the report sets out advice about how grocery retailers can stay on the right side of consumer law when offering loyalty price promotions which strongly references CTSI guidance.CMA > News >Publication >

Welsh Government to impose visitor levies: The Welsh Government has introduced a Bill to impose a 75p per night per person levy on visitor stays in hostels and on campsite pitches, and £1.25 per person per night for stays in all other types of visitor accommodation. Local Authorities will have to consult local businesses and residents before implementing the levy.Cabinet statement > Press release >

Trading Standards Crackdown on illegal vaping market: National Trading Standards has published the results of enforcement by Trading Standards claiming that more than a million illegal vapes were seized by Trading Standards in 2023/2024. In Q4 2023-24, almost a quarter (24%) of the 775 test purchases conducted in-person by Trading Standards resulted in illegal sales to under 18s. The Department of Health and Social Care also published an update on progress of the Tobacco and Vapes Bill in the House of Commons.News > National Trading Standards >

Advertising watchdog objects to use of the term ‘Free’: The Advertising Standards Authority has upheld a complaint about Samsung which offered ‘6 months free laundry detergent’ to customers buying a particular washing machine. The ASA raised objection in that there were three steps necessary to take up the free offer namely “Step 1 Purchase a qualifying Samsung 11kg Washing Machine between 15th May 2024 and 31st January 2025. Step 2 submit your claim using your receipt. Step 3 use the coupon within 90 days from the day of issue in a participating retailer to receive your free product”. The ASA told Samsung Electronics (UK) Ltd and Unilever UK Ltd t/a Persil to ensure that they did not describe a promotional item as “free”, if consumers had to pay towards the cost of purchasing those items, and to make clear if those promotional items would have to be purchased upfront before being redeemed via a cashback mechanism. View >

Statutory levy to be imposed on gambling operators: Following consultation the Department for Culture, Media and Sport has announced that it is to impose a levy to raise £90 - 100m per year to for research on, treatment of and prevention of gambling harms. The Gambling Minister has also confirmed that the government will introduce stake limits for online slots, a higher-risk gambling product associated with large losses, long sessions, and binge play. Stake limits will be set at £5 per spin for adults aged 25 and over and £2 per spin for 18-24 year olds. Consultation > News >

EU updates

EU Commission confirmed: Following approval by the EU Council and European Parliament Ursula von der Leyen as Commission President has delivered a speech introducing her new College of Commissioners and the priorities for her Commission around innovation, competitiveness and decarbonisation. EU Comission > EU Council >European Parliament >

European Food Safety Authority opinions:

  • Increasing the safe daily threshold for saccharin (from 5mg/kg body weight to 9mg/kg).View >
  • On Tiger Nuts as a novel food.View >
  • Re-evaluation of risk assessment for parasites in fishery products.The conclusion was that there are no particular species of wild caught fish originating from specific marine or freshwater fishing grounds, where the fish consumed in the EU/EFTA can be considered to be free of parasites of public health importance. View >
  • Review of maximum residue levels for pesticide:dimethomorph >

Developments to watch

Ministry of Justice: Publish further evidence to support review of civil legal aid. Guidance > Report >Review >Overview >

CIEH: Renew calls for the mandatory display of food hygiene ratings. View >

DEFRA: Publish policy statement and guidance on simpler domestic and commercial waste collections in England. Publication > Guidance>

Environment Agency: Publish guidance on treating waste on premises where food was served and consumed. View >

Welsh Government: To introduce a licensing system for tattoo parlours, acupuncture clinics and ear piercing. View >

Food Standards Agency: Publish papers for Board meeting on 11th December. An update on National Level regulation is on the agenda. View >

Financial Conduct Authority: Consult on proposals to improve transparency of enforcement. Responses required by 17th February 2025. View >

Office for Product Safety and Standards: Publish report on nano materials in consumer products. View > 

For your information

Non-food product safety alerts: Office for Product Safety and Standards >EU Safety Gate >US Consumer Product Safety Commission >

Appointments:

  1. World Trade Organisation: Director General (2nd 4 year term) Ngosi Aconjo-Iweala.View >
  2. Department of Transport Secretary of State Heidi Alexander MP. View >
  3. Friends of the Earth. Chair, Barry Johnston. View >  

Gambling Commission: Announce Chair Marcus Boyle to stand down at the end of January 2025. View >

Government chemist: Publish update on food law changes up to end of September 2024. View >

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