Our contents this week:
Retail, Food & Hospitality updates
Food Standards Agencies continue to advise consumers with peanut allergies to avoid product containing mustard: FSA and FSS have issued fresh advice for those affected by peanut allergies to avoid eating food containing mustard, mustard seeds, mustard powder or mustard flour due to potential peanut contamination. The advice follows investigations that have now identified at least three importers, three spice companies in the UK and a further two ingredients suppliers that have supplied contaminated product to other food businesses. As of 27th September, a total of 66 products had been recalled.View >
Sustain highlight new campaigns targeting supermarkets: Food lobby group Sustain has highlighted a report by ‘Alliance to Save Our Antibiotics’ which alleges that supermarket supply chains are not yet complying with legislation prohibiting the use of antibiotics to prop up poor farming practices. The report ‘Resistance and Responsibility: Antibiotic use in supermarket supply chains’ finds that while supermarket antibiotics policies have contributed to significant reductions in antibiotic use on UK farms over the past decade, they are generally not being applied to branded foods, which can include imported meat, fish, dairy and eggs. The report claims that a number of stores currently publish no information on antibiotic use in their supply chains. View >
Sustain has highlighted a new campaign against alleged ‘farmwashing’ by supermarket chains. The campaign features a docuseries, which sheds light on the practice of "farmwashing", and is supported by an open letter addressed to the CEOs of the ‘Big Six’ supermarkets, calling for an end to the practice and asking supermarkets to honour their promises of supporting British farmers with better buying practices. The open letter has been signed by over 80 leading figures including Cat Smith MP, Jimmy Doherty, Rick Stein, William Chase, Ben Goldsmith, David Chadwick MP and Ben Lake MP as well as industry bodies such as Sustain, FFCC and Soil Association. View >
Latest Advertising rulings: The Advertising Standards Authority has upheld complaints regarding:
- Comparative claims for a food supplement vs greens: including a claim that it was a ‘substantially cheaper’ route to the nutrients: The ASA ruled that the advertising contained non-authorised health claims, that comparing foods in different food categories was not allowed and also that the advertiser did not have adequate substantiation for the comparative pricing claim made. The ASA also ruled that general health claims must be accompanied by specific authorised health claims. View >
- Previous price comparison claims and use of a time clock mechanic by a furniture company: The ASA ruled that the advertising did not make clear that only selected products were included in the promotion and implied that all the products on sale were in a time-limited promotion which would revert to the usual price when the countdown ended, when that was not the case,View >
- Comparative claims re calories per mug of coffee: The ASA considered the cup of coffee described as coming to 11 kcal was unlikely to be the same as the one shown in the ad which had a thick layer of whipped cream on top as well as the coffee itself being milky, which they considered unlikely to be obtained from a 10 ml serving of creamer. View >
New guidance issued on fair distribution of tips: The Department for Business and Trade has published non-statutory guidance on distributing tips fairly to accompany its code of practice on the fair and transparent distribution of tips. The guidance addresses agency workers, multiple sites and scope of the workers involved in delivering services. View >
EU updates
EU Parliament: Publish information on briefing of committees as to priorities of the Hungarian EU Presidency:View >
European Court of justice: Pass judgment underpinning 30-day previous higher price requirement for price reduction claims: Following a challenge to Aldi by a German Consumers Organisation the EUCJ has issued a preliminary ruling that in order to claim a price reduction the higher price must have applied for 30 days prior to the promotion and have been the last price charged. View >
EU Regulations:
- Setting maximum levels for persistent organic pollutants: hexabromocyclododecane > methoxychlor >
- Exempting behenic acid-based emulsifiers derived from mustard seeds from allergen labelling requirement: View >
European Food Safety Authority opinion:
Peer review of pesticide risk assessment: flufenacet >
EU Dg Health and Food Safety: Publish Official Controls report for 2022: The report details that In 2022, around 16.4 million food businesses were active in the EU and subject to official controls by national authorities, resulting in over 5 million official controls, the identification of approximately 1.2 million non-compliance issues, and the imposition of 475 thousand administrative sanctions, as well as 12 thousand judicial actions. The report examines the official control systems operating in each member state. View >
Developments to watch
Food Standards Agencies: Issue guidance for businesses and consumers on consumption of food supplements containing caffeine: View >
Department for Business and Trade: Publish details of webinars on Product Safety and Metrology Bills 1st and 10th October: View >
Drinkaware: Publish research indicating that 19% of consumers exceed CMO lower safe alcohol consumption guidelines. View >
Association of Convenience Stores: Call for clear and timely guidance on HFSS promotional restrictions in response to Welsh Government consultation. View >
Home Office: Highlight ban on Zombie knives and Machetes now in force under Criminal Justice Act 1988. View >
Scottish Government: Issue consultation on implementation of building safety levy – Responses required by 18th November. View >
Welsh Government: Highlight the first cases of Bluetongue virus in Wales. View >
For your information
Non-food product safety alerts: Office for Product Safety and Standards >EU Safety Gate > US Consumer Product Safety Commission >
DEFRA: Publish HSE pesticide residue monitoring data reports for the third and fourth quarters of 2023: View >
Appointments: Department for Energy Security and Net Zero: Rachel Kyte as UK Special Representative for Climate. View >
Department for Business and Trade: Publish collection of papers and research on business perceptions of regulation. View >
