Welcome to the Retail, Food & Hospitality Regulatory & EU round-up. Week ending 07 September 2025

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. 

Retail, Food & Hospitality Important updates

Consultation launched on ban of sale of high caffeine drinks to under 16’s: The Department of Health and Social Care has launched an England only consultation on the minimum age of sale for high-caffeine energy drinks, the products and businesses in scope of the ban, how the ban will apply in vending machines, the length of time that businesses and enforcement authorities need to implement the ban and how the ban would be enforced. High-caffeine energy drinks are soft drinks that contain at least 150 milligrams (mg) of caffeine per litre of drink. The consultation proposes to allow enforcement authorities to issue fixed monetary penalties (a fine), as an alternative to criminal prosecution. The consultation considers banning the sale of high caffeine drinks through vending machines or making the business where the machine is located responsible for sales from it. A six month period for compliance is proposed. Responses are required by 26^th November.

Consultation > News > Sustain > Association of Convenience Stores >

Independence of the Sentencing Council curtailed: The Ministry of Justice is to require the express consent in advance of the Justice Minister for issue of new sentencing guidelines by the Sentencing Council. As part of the Sentencing Bill, introduced in the House of Commons, both the Justice Secretary and the Lady Chief Justice will be given individual – and separate – powers requiring them to approve any future guidelines before they can be issued. View >

Advertising watchdog rulings:

• The Advertising Standards Authority has ruled on two complaints regarding sustainability claims made by cruise ship operators. The ASA ruled that Cruise.uk T/A Seascanner and Cruise1st.co.uk breached the advertising codes by making reference to ‘Powered by LNG, the world’s cleanest marine fuel’ and associated ‘eco-friendly’ claims. The ASA ruled LNG was a fossil fuel that primarily comprised methane and produced lower levels of carbon dioxide (CO2) and other GHG emissions, such as sulphur oxide and nitrogen oxide, than traditional marine fuel when burned but that its production and use had other potentially negative environmental impacts, such as the emission of unburned methane into the atmosphere, at all stages of the fuel’s life cycle, from production through to burning with methane emissions making a substantial contribution to climate change. ASA further understood LNG produced reduced, but still significant, CO2 emissions over its full life cycle, which was not explained in the ads which it ruled to be misleading.  View > View >
• The Portman group has ruled following a pre-marketing approach by the manufacturer that use of a lemon cartoon image on a Hooch Lemon 1995 Limited edition can did not have child appeal sufficient to breach its code. View >

Trading Standards highlight underage test purchase failure rates in Scotland: A major coordinated test purchasing campaign has found 1 in 5 sales to breach age restrictions on vapes and 1 in 7 to breach age rules for alcohol. In respect of 913 test purchases 263 fixed penalty notices have been issued. View >

EU updates

Independent review for UK Government of Windsor framework published: The Cabinet Office has published a report by the Rt Hon Lord Murphy of Torfaen on the working of the framework. Overall it was seen as an improvement on the N.I Protocol but still unwelcome to businesses from GB wishing to sell products in Northern Ireland with complex EU legislation such as General Product Safety Regulations being cited as reasons for ceasing to supply to Northern Ireland. View >

EU Parliament publish summary of priorities of Danish EU Commission presidency: Several members of the European parliament questioned the balance between environmental protection and economic competitiveness, and called for a more pragmatic approach to regulation that would not stifle innovation and growth. View >

European Food Safety Authority opinion published on plant protection product: Caspicum oleoresin >

EU Dg Mobility and Transport highlight code of conduct for reliable online reviews of tourist accommodation: The EU Commission has noted support for its code from HOTREC an umbrella association of hotels, restaurants, cafés and similar establishments in Europe, representing 47 national associations in 36 European countries and EU Travel Tech representing companies such as Expedia. View >  

Developments to watch

No.10: Publish list of new Government ministerial appointments following reshuffle: View >

DEFRA Publish updates on bird flu and blue tongue epidemics: View > View >

Department for Business and Trade: Publish updated better regulation framework. View >

DEFRA: Seek guidance from Climate Change Committee on climate adaptation priorities. View >

Ministry of Housing, Communities and Local Government: Extend deadline for responses to consultation on a revised private parking code until 26^th September. View >

For your information

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

HM Treasury: Announce appointment of John Van Reenan as adviser on economic growth. View >

Food Standards Agency: Publish papers for Board meeting on 17^th September. View >

Department for Business and Trade: Employment Minister who praised Aldi for paying above minimum wage and introducing paid breaks this week leaves Government. View >