Welcome to the Retail, Food & Hospitality Regulatory & EU Updates round-up. Week ending 24 November 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. You can also view our Consumer Trends hub 2024!

Retail, Food & Hospitality updates

Welsh Government withdraws from four nation approach to drinks container deposit return scheme: The Welsh Government Deputy First Minister, Huw Irranca-Davies has issued a statement indicating that the Welsh Government will be introducing its own deposit return scheme for drinks containers, including for glass. The UK Government has interpreted the move as Wales intending to delay implementation and has recommitted itself to having a scheme up and running in England, Scotland and Northern Ireland by October 2027. The UK Government has announced its intention to bring forward regulations in November to provide for appointment of ‘Deposit Management Organisations’ by April 2025. Business organisations have made their opposition to the Welsh Government move clear. News > Publication > UK Hospitality > Association of Convenience Stores > British Retail Consortium > British Beer and Pubs Association >

Consultation launched on tackling subscription traps: The Department for Business and Trade has launched a consultation on a range of measures designed to tackle the issue of online subscription traps. Approximately 5.8% of active subscriptions are unwanted by the consumer, meaning an estimated 9.7 million unwanted subscription contracts are active in the UK of which an estimated 3.6 million are thought to be the direct result of being rolled over from a free or discounted subscription trial period, whilst approximately 1.3 million are thought to be the result of auto-renewing subscriptions. In total it is estimated that £1.6 billion a year is spent by consumers on unwanted subscription contracts. The measures proposed include cooling-off cancellation rights: returns and refunds, cancellation remedies for breach of duties, repayment of refunds, contractual terms for exiting a contract, arrangements for exiting a contract, information notices, pre-contract information. Responses are required by 10^th February 2025. Consultation > News >

Government sets out OFCOM priorities under Online Safety Act: The Department for Science, Innovation and Technology has written to OFCOM setting out the Governments five strategic priorities for enforcement of the Online Safety Act by OFCOM performance against which OFCOM is required to report back to the Secretary of State. The five priorities are as follows:

Safety by design: Embed safety by design to deliver safe online experiences for all users but especially children, tackle violence against women and girls, and work towards ensuring that there are no safe havens for illegal content and activity, including fraud, child sexual exploitation and abuse, and illegal disinformation.
Transparency and accountability:Ensure industry transparency and accountability from platforms to deliver online safety outcomes, promoting increased trust and expanding the evidence-base to provide safer experiences for users.
Agile regulation:Deliver an agile approach to regulation, ensuring the framework is robust in monitoring and tackling emerging harms - such as AI generated content.
Inclusivity and resilience: Create an inclusive, informed and vibrant digital world which is resilient to potential harms, including disinformation.
Foster the innovation of online safety technologies to improve the safety of users and drive growth.

News > Publication >

Advertising watchdog rulings:

The Advertising Standards Authority has upheld a complaint about health claims made by Stirling Health Ltd for a collagen prime cream product. Claims made included ‘Collagen is essential for good joint health”. The ASA ruled that the product was not authorised as a medicine and therefore that the claims were unauthorised breaching the Codes of advertising practice. View >

The ASA has also ruled against a number of adverts for investment in Gold on the basis that they did not make sufficiently clear that gold investment was unregulated and that the value of investments was variable and could go down as well as up and also did not make clear that examples of past performance or experience were not necessarily a guide to the future. Aurum & Argenti > Gold Warehouse > Harrington & Byrne > Solomon Global >

The Portman Group has ruled against three cider products from the ‘Bearded brewery’ on the basis that ‘Tank Slapper’ created an association with dangerous driving activity, Moustache Mango – Man go hard or go home’ created an association with bravado, and a ‘Swallows nest’ product depicting a swallow with a dagger through it created an association with violent behaviour under its code on the naming and marketing of alcoholic products. View >

EU updates

EU Council adopt Regulation on rating schemes: Under the Regulation Environmental, Social and Governance (ESG) rating providers established in the EU will need to be authorised and supervised by the European Securities and Markets Authority (ESMA). They will have to comply with transparency requirements, in particular for their methodology and sources of information. ESG rating providers established outside the Union that wish to operate in the Union, will need to obtain an endorsement of their ESG ratings by an EU authorised ESG rating provider, a recognition based on a quantitative criterion, or be included in the EU registry of ESG rating providers based on an equivalence decision. The Regulation will apply after 18 months following publication in the Official Journal. View >

Product Liability Directive published: Directive (EU) 2024/2853 on liability for defective products lays down common rules on the liability of economic operators for damage suffered by natural persons and caused by defective products, and on compensation for such damage. Member states are required to have laws in place to comply with the Directive by December 2026. View >

New rules on Listeria Monocytogenes in ready meals: From 1^st July 2026 for ready meals the food safety criterion ‘Listeria monocytogenes not detected in 25 g’ will apply to all situations where those foods are placed on the market during their shelf-life and for which the producing food business operator has not been able to demonstrate, to the satisfaction of the competent authority, that the level of Listeria monocytogenes will not exceed the limit of 100 cfu/g throughout their shelf-life. View >

European Food Safety Authority opinions:

On cognitive function health claim for creatine: View >
On feed additives: Lacticaseibacillus paracasei >
Peer review of pesticide risk assessments: gibberellic acid (GA3) > gibberellins (GA4-7) >

Global Consumer Trends 2024: What does the future hold for the sector?

Find out more about the key trends in the Consumer sector and how they could impact your business.

View our hub

Developments to watch

Drinkaware: Publish research on the extent of ‘drinks spiking’ and promote ‘Think’ and Heineken drink driving campaign. Research > News >

Competition and Markets Authority: Chief Executive delivers speech on how the CMA’s actions support growth. Speech > News >

Welsh Government: Introduce folic acid fortification of flour. View >

British Retail Consortium: Publish letter by 82 retail CEO’s setting out impact of the autumn budget on the sector. View >

Animal and Plant Health Authority: Highlight Avian flu outbreak in Cornwall. Cornwall > Overview >

Court of Appeal: Uphold fines and costs imposed on two Welsh farmers for cattle identification marking offences. View >

Association of Convenience Stores: Publish assured advice on regulation of vapes. View >

For your information

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

Health and Safety Executive: Publish work related ill health and accident statistics for 2023/4. View >

Office for Product Safety and Standards: Publish delivery report for 2023/4 and research on psychological factors underpinning risk perceptions of consumer products. OPSS Delivery Report > Research >

Chartered Institute of Environmental Health: Attempt to generate enthusiasm for new all-party parliamentary group on environmental health. View >

US Consumer Product Safety Commission: Impose $16 million penalty on Bestar for failure to immediately report safety issue with folding bed. View >

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