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2023 Gambling Act White Paper: The new age of gambling regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

Insolvencies of retail businesses jump 56% in past year to hit decade high

Published on 03 Jul 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

The number of retail business insolvencies jumped 56% in the past year, to hit the highest levels in at least a decade - 1,942 in 2022/23, up from 1,243 in 2021/22 shows new research from international law firm RPC.

A shifting landscape? The outlook for data regulation in 2023

Published on 09 Jun 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

EU set to tackle greenwashing with Green Claims Directive

Published on 15 May 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

RPC Senior Partner secures second term

Published on 10 May 2023. By Karen Hendy, Partner, Head of Corporate

International firm RPC has reappointed Oliver Bray for a second term as Senior Partner with unanimous support.

Luxury today - go green or go home?

Published on 09 May 2023. By Chloe Shum, Trainee Solicitor

"Sustainability" is the new buzzword in marketing.

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

A bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill

Published on 03 May 2023. By Ciara Cullen, Partner and Hettie Homewood , Senior Associate

It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.

Manufacturers 'face risk of reputational damage if they fail to act over listeria product recalls'

Published on 02 May 2023. By Mamata Dutta, Partner

Following today's news that thousands of Cadbury desserts made by Müller are being recalled following a food poisoning alert.

What are the 8 key legal changes ahead for retailers in 2023?

Published on 27 Apr 2023. By Kimberley Nanson, Senior PR & External Communications Manager and Jeremy Drew, Partner and Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner and Karen Hendy, Partner, Head of Corporate and Ciara Cullen, Partner

RPC's Retail Compass explores impact of regulatory reforms, rising ESG concerns and fast-evolving AI technology in difficult economic conditions.

High Stakes for Fakes: Authentication in the second-hand market for luxury goods

Published on 21 Apr 2023. By Eleanor Harley , Senior Associate and Karolina Lewicki, Associate

Pre-owned luxury items remain a hot topic in 2023. The online second-hand market for luxury goods has been growing over the course of the last decade and is currently estimated to be worth more than $30 billion with further surges predicted in years to come.

New course opens opportunities to return to law as an in-house lawyer

Published on 17 Apr 2023. By Karen Hendy, Partner, Head of Corporate

The Centre for Legal Leadership has partnered with the Reignite Academy to run a one-day course to provide opportunities for “career break” lawyers to relaunch in an in-house (commercial) lawyer role.

Number of retail M&A deals increases 30% since before the pandemic – 34 deals in 2022

Published on 17 Apr 2023. By Karen Hendy, Partner, Head of Corporate

Takeovers of distressed retailers comprised just under a quarter of all deals in 2022

Going Green - Draft Sustainability Guidance from the CMA

Published on 03 Apr 2023. By Ciara Cullen, Partner and Melanie Musgrave, Of Counsel and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

Hermès victory over MetaBirkin reminds creators they need to be 'mindful of using other people's content'

Published on 09 Feb 2023. By Ciara Cullen, Partner and Joshua Charalambous, Partner

International law firm RPC says decision should not be seen as an impingement on artists, but rather a reminder that intellectual property laws apply even in the metaverse

Value of fines issued by ICO increases threefold in a year – from £4.8m to £15m

Published on 19 Dec 2022. By Richard Breavington, Partner

Fines relating to data breaches account for a third of the overall value The largest fine issued was £7.5m

Edinburgh Reforms are 'a positive step in the right direction'

Published on 14 Dec 2022. By Whitney Simpson, Of Counsel

International law firm RPC says reforms will bring innovation and increased accessibility of consumer credit products

Casting your net zero ambitions: eight key steps for retailers

Published on 24 Nov 2022. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG strategy lead and Ellie Gelder, Senior Editor Employment & Equality

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.

The Food, Beverage and Cosmetics Law Review: United Kingdom - Second Edition

Published on 14 Nov 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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.

UK set to reform consumer protection legislation and its competitive regime

Published on 10 Nov 2022. By Melanie Musgrave, Of Counsel and Joe Lippitt, Partner and Hettie Homewood , Senior Associate

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.

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

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.

Where to next for Buy Now Pay Later?

Published on 12 Oct 2022.

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.

Extended producer responsibility for packaging: How to prepare

Published on 12 Oct 2022.

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.

It's a supermarket sweep as HFSS products face sweeping promotion and placement restrictions

Published on 12 Oct 2022.

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.

Online Sales Tax: the right way forward?

Published on 12 Oct 2022.

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.

Greenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D

Published on 12 Oct 2022.

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'

UK retail sector M&A deals increase to 34 – up 21% on last year

Published on 05 Sep 2022. By Karen Hendy, Partner, Head of Corporate

• M&A targeting fashion retailers particularly active

Businesses face 'significant work ahead' to comply with FCA's new Consumer Duty

Published on 29 Jul 2022. By Whitney Simpson, Of Counsel

International law firm RPC says regulator has given companies 'little concession' on timeframe to implement change

Fashion brands make up a quarter of ‘greenwashing’ complaints to the CMA

Published on 27 Jun 2022. By Ciara Cullen, Partner

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.

Imposing new Calorie labelling legislation 'couldn't be worse timing' for hospitality sector

Published on 05 Apr 2022. By Ben Mark, Partner

International law firm RPC warns change could place increased financial burden on businesses only just beginning to recover from pandemic disruption

Whistleblower reports on National Minimum Wage breaches jump 37% within retail sector

Published on 14 Mar 2022. By Jeremy Drew, Partner, Head of Commercial

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.

Can Retail Bridge The Diversity Gap?

Published on 10 Feb 2022.

Kelly Thomson joins the British Retail Consortium's Retail Radio podcast, to discuss diversity and inclusion in the workplace.

10 retail companies list on UK markets this year compared to just three in last three years!

Published on 12 Jan 2022. By Karen Hendy, Partner, Head of Corporate

Rise fueled by e-commerce as eight online retailers go public this year

Shift in consumer rights landscape increases risks for retailers

Published on 13 Dec 2021.

Number of UK retail M&A deals up 28% in last year

Published on 25 Oct 2021. By Karen Hendy, Partner, Head of Corporate

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.

Recalls of food products due to undeclared allergens drop 10% in year

Published on 11 Oct 2021. By Mamata Dutta, Partner

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.

Sales at UK’s leading online only retailers jump 22% to hit record high

Published on 20 Sep 2021. By Jeremy Drew, Partner, Head of Commercial

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.

Influencers and retailers remain under intense ASA scrutiny

Published on 01 Jun 2021. By Joe Lippitt, Partner

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.

Rise in retail M&A – takeovers of distressed retailers represent 39% of all transactions

Published on 17 May 2021.

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.

Value of UK stock market fundraisings by retail companies jumps tenfold in a year

Published on 12 May 2021. By Kimberley Nanson, Senior PR & External Communications Manager

Funds raising turns from repairing balance sheets to funding M&A opportunities

Brexit and Beyond panel discussion

Published on 11 Dec 2020.

Top tips for the food and drink sector

Furlough, Act Now to Avoid the Knock

Published on 23 Sep 2020. By Kelly Thomson, Partner, ESG strategy lead

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.

CBD products no longer ex-hemp from regulation

Published on 02 Sep 2020. By Sarah Mountain, Partner

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?

Retail Compass Summer edition 2020

Published on 28 Jul 2020. By Jeremy Drew, Partner and Karen Hendy, Partner

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.

RPC Bites #13

Published on 21 Jul 2020. By Ciara Cullen, Partner and Ben Mark, Partner

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!