Health Claims and the ASA

As I have previously discussed, non-specific health claims are a challenge to marketing professionals. Such claims, for example saying a food is “healthy” or “good for you,” must be accompanied by a specific health claim which forms part of an approved EU list (see article 9(3) of the Nutition and Health Claims Regulation). The Advertising …

Chesterfield FC, a Raffle and Consumer Law

As reported by the BBC a competition run by Chesterfield FC appears to have gone horribly wrong. A raffle, where the winner could win a place on Chesterfield’s pre-season tour, appears to not have been won by any of the legitimate entrants. This is obviously a public relations own goal for Chesterfield, but does it …

Lights, Labels, Action

How easy is it to read a label? Food Detectives, on BBC2 on 13th May 2016 at 7.30pm, attempts to answer this question. It turns out that the answer is “not very easy.” On a cold November morning I met Sean Fletcher and a BBC crew outside the Nottingham Playhouse. My role involved setting challenges …

A Headache for Nurofen?

The Federal Court in Australia has found that Reckitt Benckiser (Australia) breached Australian consumer law by marketing Nurofen Specific Pain products as formulated to treat a specific type of pain, when the products were identical in terms of their active ingredient. The products in question were: Nurofen Back Pain, Nurofen Period Pain, Nurofen Migraine Pain …

Are Parking Default Charges Unfair?

The Supreme Court has handed down judgment in ParkingEye v Beavis. It is a monster, spanning 316 paragraphs. The question of consideration, previously flagged up on the blog, was a damp squib, with all seven judges accepting the parties characterisation of the contract, with consideration consisting of the promise by ParkingEye that Mr Beavis could …

Crowdfunding and the Consumer

Crowdfunding is the practice of obtaining investment for a project from a wide variety of individuals. Rather than going to institutional investors, and obtaining funding through traditional debt or equity, those who seek crowd funding appeal directly to the public, and ask for funding, often in small amounts. Whilst crowdfunding can be used to finance …

Happy Consumer Rights Act Day!

Today is the day that the Consumer Rights Act 2015 comes into force. According to the Government Press release, this will make the law easier to understand, and enable consumers to buy, and businesses to sell, with confidence. It puts a number of consumer rights into one place, and makes some important changes to the …

Enhanced Consumer Protection?

The much-trumpeted Consumer Rights Act 2015 comes into force today (1st October). The Act involves a major shake-up of consumer law. It brings together areas of law previously dealt with by different statutes (in particular the Sale of Goods Act, the Supply of Goods and Services Act and the Unfair Terms in Consumer Contracts Regulations) …

Governing ‘Superfoods’ Claims

There has been a significant proliferation of ‘superfoods’ in recent years. You can find superfood smoothies, superfood salad and superfood cereal on the shelfs of the supermarket. From blueberries and beetroot, to quinoa and salmon, a wide variety of foods are marketed as superfoods. Marketing is of course the key. There is no widely accepted …

ParkingEye v Beavis

Over the summer I had the chance to watch the Supreme Court hearing of the appeal in ParkingEye v Beavis. This could have important implications for consumers caught out by parking fines when parking on private land. The central issue in the case is whether ParkingEye can levy a charge of £85 in circumstances where …