Advertising body drops investigation into Marmite ad – Daily Telegraph

Posted August 22nd, 2013 in advertising, animal cruelty, complaints, food, news by sally

“A Marmite advertising campaign attacked by critics for trivialising the work of animal welfare agencies has been cleared by the Advertising Standards Authority.”

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Daily Telegraph, 21st August 2013

Source: www.telegraph.co.uk

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily

Posted July 23rd, 2013 in advertising, consumer protection, EC law, food, law reports by tracey

Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát: (Case C-299/12) ;  [2013] WLR (D)  292

“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Coeliac sufferer made ‘violently sick’ at Jamie Oliver restaurant – Daily Telegraph

Posted May 16th, 2013 in allergies, fines, food, news by sally

“Celebrity chef Jamie Oliver’s Italian restaurant chain was fined £8,000 after a woman who told staff three times she was allergic to gluten was served wheat pasta.”

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Daily Telegraph, 16th May 2013

Source: www.telegraph.co.uk

High Court smoothes out Greek yoghurt food fight – The Lawyer

“When is Greek yoghurt legally Greek yoghurt? That was the question put to Mr Justice Briggs in a major IP battle between the makers of Total Greek Yoghurt, Fage UK, and New York-based Chobani.”

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The Lawyer, 3rd April 2013

Source: www.thelawyer.com

FSA to ask consumers how much horsemeat they will accept in their food – The Guardian

Posted March 6th, 2013 in consumer protection, food, genetic testing, news by sally

“Consumers are to be asked whether they will accept traces of horsemeat in their food if it proves too costly and technically difficult to check thoroughly for levels of contamination under 1%.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

Legal loophole allows banned mechanical meat in UK sausages – BBC News

Posted February 28th, 2013 in consumer protection, EC law, food, news by sally

“The BBC has learned that European meat suppliers are using a loophole in the law to sell a banned low quality material to UK sausage makers.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

FSA orders tests of processed beef after horsemeat is found in Findus lasagne – The Guardian

Posted February 8th, 2013 in consumer protection, food, news by sally

“The Food Standards Agency has ordered companies to test their processed beef products after analysis of lasagne made by Findus found up to 100% of the meat came from horses.”

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The Guardian, 8th February 2013

Source: www.guardian.co.uk

Tesco scores partial victory in cheese cartel – Competition Bulletin from Blackstone Chambers

Posted December 21st, 2012 in competition, food, news, price fixing by tracey

“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”

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Competition Bulletin from Blackstone Chambers, 21st December 2012

Source: www.competitionbulletin.com

Protected food names: Quality or cartel? – BBC News

Posted November 20th, 2012 in food, news, protected geographical indication, trade names by sally

“What’s in a name? Well, if it’s the name of a tasty local food, then legal wrangles, multimillion-pound sales and the threat of small local traders going to the wall.”

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BBC News, 20th November 2012

Source: www.bbc.co.uk

Defra Public Consultation: Food Information Regulations 2013 – Department for Environment, Food and Rural Affairs

Posted November 8th, 2012 in consultations, food, news, regulations by sally

“Defra has launched a public consultation on the Government’s plans to make underpinning domestic legislation (Food Information Regulations 2013) to enable the FIC to be enforced in the UK.”

Defra Public Consultation: Food Information Regulations 2013 (PDF)

Department for Environment, Food and Rural Affairs, November 2013

Source: www.defra.gov.uk

Rintisch v Eder – WLR Daily

Posted October 26th, 2012 in EC law, food, law reports, trade marks by tracey

Rintisch v Eder: C-553/11;   [2012] WLR (D)  289

“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Subway loses legal challenge over VAT on hot food – The Lawyer

Posted October 11th, 2012 in appeals, food, news, taxation, VAT by sally

“Mr Justice Arnold has thrown out an appeal bid by a franchisee of sandwich chain Subway to challenge HM Revenue & Customs’ VAT policy on hot food.”

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The Lawyer, 11th October 2012

Source: www.thelawyer.com

Cadbury hits a purple patch with legal victory to secure trademark – The Guardian

Posted October 3rd, 2012 in food, news, trade marks by sally

“Christian Louboutin has secured the trademark for the distinctive red used on the soles of shoes he designs, and the retailer Harrods has a trademark over the shade of green synonymous with its brand. Now confectionery giant Cadbury has won a lengthy court battle giving it the right to the trademark for the distinctive colour of purple it uses for the packaging of its milk chocolate.”

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The Guardian, 2nd October 2012

Source: www.guardian.co.uk

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali – WLR Daily

Posted September 10th, 2012 in agriculture, EC law, environmental health, food, law reports by tracey

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali: (Case C-36/11);   [2012] WLR (D)  262

“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc – WLR Daily

Posted July 5th, 2012 in appeals, food, law reports, trade marks by sally

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190

“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

UK in EU legal stink over garlic from China – BBC News

Posted June 22nd, 2012 in customs and excise, EC law, food, news by tracey

“Britain is being taken to court by the European Commission in a battle over a £15m unpaid tax bill on imports of Chinese garlic.”

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BBC News, 21st June 2012

Source: www.bbc.co.uk

Judge orders that anorexic woman can be force-fed | Analysis – UK Human Rights Blog

Posted June 19th, 2012 in food, medical ethics, medical treatment, mental health, news by sally

“Mr Justice Jackson has ruled that it would be lawful and in the best interests of a 32 year old woman (referred to in the judgment as ‘E’) for her to be fed, using physical force or chemical sedation as necessary, for a period of ‘not less than a year’.”

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UK Human Rights Blog, 19th June 2012

Source: www.ukhumanrightsblog.com

Anorexic medical student should be fed against her will, judge rules – Daily Telegraph

Posted June 18th, 2012 in food, medical ethics, medical treatment, mental health, news, privacy by sally

“A High Court judge has ruled that it is in the best interests of a woman who suffers from anorexia to be fed against her wishes.”

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Daily Telegraph, 15th June 2012

Source: www.telegraph.co.uk

Potato company boss faces jail over Sainsbury’s scam – The Guardian

Posted May 16th, 2012 in bribery, food, fraud, news by tracey

“A former potato firm director has been told he faces a significant jail term for his role in a bribery scam with a buyer at Sainsbury’s.”

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The Guardian, 15th May 2012

Source: www.guardian.co.uk

Stilton seeks right to use its own name for its cheese – Daily Telegraph

Posted April 19th, 2012 in food, news, protected designations of origin by tracey

“The village of Stilton is kicking up a stink for the right to use its own name for the cheese it produces.”

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DailyTelegraph, 18th April 2012

Source: www.telegraph.co.uk