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Casting your net zero ambitions: eight key steps for retailers
With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.
Read moreThe Food, Beverage and Cosmetics Law Review: United Kingdom - Second Edition
RPC is excited to announce that the Second Edition UK chapter of the Food, Beverage and Cosmetics Law Review has been published and is available to download.
Read moreUK set to reform consumer protection legislation and its competitive regime
The UK is set to introduce a wide array of changes to its consumer protection legislation and competition regime. The focus of the changes revolves around giving greater protection to consumers over subscription traps, tackling fake reviews and improving enforcement. The latter is likely to bring in GDPR/competition law-level fines for breaches of consumer protection legislation or non-compliance with the CMA's investigations or remedies, with maximum fines of up to 10% of global annual turnover.
Read moreLookalikes and passing off—bottle design get-up claim (Au Vodka)
Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.
Read moreWhere to next for Buy Now Pay Later?
On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.
Read moreExtended producer responsibility for packaging: How to prepare
In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.
Read moreIt's a supermarket sweep as HFSS products face sweeping promotion and placement restrictions
In an attempt to tackle obesity in the UK, in particular childhood obesity, a swathe of restrictions on the placement and promotion of HFSS products in-store and online will be introduced in phases from October 2022 to January 2024.
Read moreOnline Sales Tax: the right way forward?
On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.
Read moreGreenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D
UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'
Read moreThe Metaverse, green claims and data privacy – what critical issues lie ahead for retailers and consumer brands in Autumn 2022?
International law firm RPC launches the latest edition of Retail Compass
Read moreUK retail sector M&A deals increase to 34 – up 21% on last year
• M&A targeting fashion retailers particularly active
Read moreBusinesses face 'significant work ahead' to comply with FCA's new Consumer Duty
International law firm RPC says regulator has given companies 'little concession' on timeframe to implement change
Read moreFashion brands make up a quarter of ‘greenwashing’ complaints to the CMA
Fashion brands account for a quarter of complaints relating to unsubstantiated green claims since new guidelines were introduced last year, according to research from international law firm RPC.
Read moreImposing new Calorie labelling legislation 'couldn't be worse timing' for hospitality sector
International law firm RPC warns change could place increased financial burden on businesses only just beginning to recover from pandemic disruption
Read moreWhistleblower reports on National Minimum Wage breaches jump 37% within retail sector
The number of whistleblower reports relating to alleged National Minimum Wage breaches in the retail sector saw a 37% jump in the past year according to RPC, the international law firm.
Read moreCan Retail Bridge The Diversity Gap?
Kelly Thomson joins the British Retail Consortium's Retail Radio podcast, to discuss diversity and inclusion in the workplace.
Read more10 retail companies list on UK markets this year compared to just three in last three years!
Rise fueled by e-commerce as eight online retailers go public this year
Read moreNumber of UK retail M&A deals up 28% in last year
The number of M&A deals targeting UK retailers has increased by 28% to 37 in the last 12 months (year-end Sept 30), up from 29 in the previous year, shows new research from RPC, the international law firm.
Read moreRecalls of food products due to undeclared allergens drop 10% in year
The number of food products recalled from the market due to allergens that were not declared on the label has dropped 10% in the past year. In 2020-21, 88 in 2019-20 to 79 to 2020-21, says RPC, the international law firm.
Read moreRPC’s Retail Compass Autumn edition: What challenges do retailers face post-pandemic?
RPC, the international law firm has launched the Autumn edition of its Retail Compass, which explores legal and policy changes that are set to impact the retail industry.
Read moreSales at UK’s leading online only retailers jump 22% to hit record high
Sales at the UK’s Top 20 online only retailers have reached a record £16.4bn in the last year*, rising 22% from £13.2bn the previous year, shows research by RPC, the international law firm.
Read moreInfluencers and retailers remain under intense ASA scrutiny
Influencers, and the retailers whose products they are advertising, continue to be put under the Advertising Standards Authority's (ASA) microscope for failing to comply with ad rules. The ASA has put influencers and brands on notice after a monitoring sweep of influencer posts carried out last year revealed widespread failures to adequately disclose ad content. Following the monitoring sweep, the ASA has also released practical guidance to help educate influencers and ensure any ads they post are CAP Code compliant.
Read moreRise in retail M&A – takeovers of distressed retailers represent 39% of all transactions
The number of M&A deals in the retail sector increased from 25 in 2019 to 28 in 2020, shows new research by RPC, the international law firm.
Read moreValue of UK stock market fundraisings by retail companies jumps tenfold in a year
Funds raising turns from repairing balance sheets to funding M&A opportunities
Read moreBrexit and Beyond panel discussion
Top tips for the food and drink sector
Read moreFurlough, Act Now to Avoid the Knock
As we leave behind the curious summer of 2020, both HMRC and the SFO are readying themselves for the new term. First order of business: combatting corporate misuse of furlough and Covid-19 bail-out funds. According to official statistics released on 18 September, furloughing of staff in the wholesale and retail sector peaked on 24 April at 1.85 million employees - by 31 July, initial figures show 789,000 retail jobs furloughed– a decrease of more than a half since the peak for the sector. Some furloughed employees in the wholesale and retail sector have been returning to work as lockdown restrictions eased, others have, sadly, faced redundancy. As the furlough scheme winds down to a close next month, some employers may be faced with HMRC insisting that their furlough claims amounted to a misuse of – or even fraud against - the scheme.
Read moreCBD products no longer ex-hemp from regulation
In recent years, there has been a surge in demand for food and drink products containing cannabidiol (CBD). Popular items have ranged from oils with added CBD to CBD-infused chocolate and kombucha. With the market experiencing double digit growth year on year and a recent spike in demand during 'lockdown', UK consumers continue to demonstrate ever greater interest in CBD products. But with new regulatory requirements on the horizon, are things about to change?
Read moreRetail Compass Summer edition 2020
Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreRPC Bites #13
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!
Read moreRPC Bites #12
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!
Read more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreRPC Bites #11
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!
Read moreBeware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims
There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.
Read moreRPC Bites #10
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.
Read moreReturn of the MAC (clauses): renegotiating or exiting your supply chain contracts
As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.
Read moreThe ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules
At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.
Read moreAnd the winner is... that pre-loved dress
The recent awards season has seen a new dress-code emerging on the red carpet - wearing clothing either rented or previously worn, in an aim to project a message of sustainability. This reflects trends in the wider fashion world, where sustainability models like rental and resale are emerging fast as brands and consumers look to minimise their impact.
Read moreVegans: a new protected group?
Retailers would be forgiven for thinking that 2020's Veganuary coincided with a new law protecting all those who participate. Much of the press coverage of a recent employment tribunal case appeared to suggest just that. The true picture is a little more nuanced. Munch on that kale while we fill you in...
Read moreBrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.
In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.
Read moreUnpacking Christmas Ads: A British Retailer's Christmas Miracle?
This blog discusses what makes Christmas ads "successful" both through the eyes of the public at large and from the perspective of the British retailers themselves. In some cases, popular Christmas ads lead to an increase in sales over the festive period. However, as some retailers have experienced, festive ads are not always a retailer's Christmas miracle and come with their own limitations.
Read moreThe Future of Retail is Green
2019 has been a year of environmental awareness, aptly demonstrated by David Attenborough's Glastonbury appearance and Greta Thunberg's speech to world leaders at the UN Climate Action Summit.
Read moreCan retail drones deliver the goods?
A recent flurry of patent registrations provides an insight into how this futuristic technology could soon become a reality for consumers.
Read moreQueen's speech spells out major environmental changes for retailers
The recent Queen’s speech laid out major environmental regulatory changes including plans, for the first time, to enshrine environmental policies in law. A new regulator will also be set up to police environmental standards. At a more granular level, retailers will be impacted by the government's plans for a major extension of the carrier bag charge, among other proposed changes.
Read moreAvatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children
The ASA is proactively using avatars (which mimic child-like behaviour) to identify when age-restricted ads (gambling, alcohol, HFSS etc) are being irresponsibly targeted at children. The introduction of this new technology has already had an impact on ad monitoring and enforcement.
Read moreFCA introduces 18-month grace period for two-factor authentication for online transactions
The Financial Conduct Authority this week agreed an 18-month "implementation plan" for Strong Customer Authentication (also known as "two-factor authentication").
Read moreWhat next for the Energy Performance of Retail Buildings?
After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?
Read moreShop til' you Pop: Amazon's Electric Avenue
Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.
Read moreRetailers: beware the ban on gender stereotyping
The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".
Read moreWho was best dressed at the Oscars?
Always popular, often outrageous, and unfortunately sometimes sexist; the best and worst dressed lists have been must-have articles for publishers around award season since 1940. But does success or failure on these lists have any impact on the brand of the celebrity, or the designer?
Read moreGovernment consultation on airport alcohol sales risks unnecessary red tape and costs for retailers
The Government’s potential restriction on sales of alcohol at airports risks adding unnecessary red tape and costs to one of the UK retail and leisure industry’s biggest success stories, says RPC, the City-headquartered law firm.
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