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Case studies

Food labelling, advertising and sales

We have advised manufacturers in the UK, continental Europe, the United States and Japan on the labelling and composition requirements of the European market on a wide variety of food and drink products. These include: soft drinks, meat products, alcoholic drinks, slimming foods, health claims, food supplements and chocolate.

We work with The Grocer on the white paper on diet and health, in particular lobbying on labelling issues such as GDAs and traffic lights.

We advise a number of high street name food sector clients on image rights licences and character and trade mark licences from a range of licensors including Warner Bros, Weightwatchers, the BBC, GlaxoSmithKline, Disney and others.

We advise an international food product manufacturer on the licensing of brand rights including those relating to well known cartoon characters.

Product liability and product recalls

Advising a number of clients in relation to the Sudan 1 and Para Red recalls, the largest ever food recalls in the UK with associated measures taken in several other EU jurisdictions, and in recovering very significant claims from suppliers and insurers.

Advising on a major incident involving an outbreak of listeria linked with eight fatalities involving a withdrawal of yoghurt following a Food Hazard Warning, This involved responding to parallel investigations by the Department of Health, the police and the Health and Safety Executive.

Advising on an outbreak of Legionnaire's disease at a leading hotel and managing the situation effectively to ensure that no prosecution was brought against the hotel.

Responding to a very significant incident involving defective food packaging involving co-ordinating product liability advice and remedial measures across several jurisdictions.

Managing a serious incident involving the deliberate contamination of sandwiches by a disaffected ex-employee. This involved liaison with police and PR agencies to protect the brand and reassure the public.

Health and safety  

Acting in relation to an investigation following an explosion of refrigeration equipment leading to a fatality at food retail premises. 

Dealing with a contractor fatality, as a result of a fall from a height which took place on a client's food premises.

Acting in relation to a variety of health and safety related investigations for food sector clients including, deliberate contamination of food, asbestos, legionella, workplace transport, foreign objects in food, electrical and gas safety.

Competition and anti-trust

Advising a Scottish milk processor in the OFT's investigation into alleged price fixing in the supply of milk to middle-ground customers in Scotland.

Advising Dairy Crest in the OFT's investigation of retail price initiatives for dairy products in England.

Advising a number of suppliers (of both food and non-edible grocery products) in the OFT's investigation into alleged facilitation of retail price movements for branded consumer goods.

Securing UK merger approval for the acquisition by Tulip Limited of George Adams & Sons Limited.

Securing UK merger approval for Dairy Crest's acquisition of the dairy distribution business of East of England Co-operative Society Limited.

Developing bespoke compliance policies and programmes for several clients in the sector, including a leading cereals manufacturer, a leading baker and a leading manufacturer of chips and other potato speciality products.

Advising food producers on how to manage and implement wholesale price increases whilst avoiding 'hub and spoke' information exchange.

Securing case closure for a food manufacturer following an application to the OFT for leniency in respect of a market sharing agreement between competitors.

Rolling out online competition law training for 3000 users in a global catering company across four continents and in nine different languages.

Defending prosecutions

We defended a company that was the subject of a dawn raid in the dairy sector (one of some 25 or so dawn raids which we have attended in the UK since 2001).
We have worked with major listed companies on disputes/litigation relating to issues such as GM contaminated flour, failure to comply with specification and contaminated food leading to product recalls.

Corporate finance

We acted for Bakkavor Group HF in obtaining OFT merger clearance for its recommended cash offer for the outstanding shareholding in Geest plc. 

We secured clearance for RHM's purchase of Finedon Mill.

We acted for Richmond Foods in its acquisition of the ice cream businesses of Allied Frozen Foods and Nestle.

Commercial contracts

We advised on the issues arising out of cross-distribution and long-term supply arrangements between competitors in the supply of ingredients into the craft and industrial bakery sectors.

Tax

Advising a major food manufacturer on the VAT treatment of a national promotion scheme involving linked goods (as there is a multi-rate VAT issue to be dealt with by retailers)

Advice to an international supplier of health drinks about the UK VAT treatment of their products and the inter-action of VAT and labelling rules.

Advising a major UK food retailer on contaminated land relief on the development of contaminated sites and on the SDLT efficient site acquisitions of new retail premises.  

Providing tax input on corporate transactions for Campbell Soup Company.

Advising a food distributor on the corporation tax consequences of a reorganisation to enhance its ability to utilise trading and other tax losses.

Lead Share Scheme advisor to major dairy manufacturing company, assisting the company with the operation of its share plans, share hedging and Employee benefit trust issues.

Advice on employment status issues relating to labour engaged in the milk production industry.

Advising a major UK food retailer on implementing pension salary sacrifice arrangements for its employees.

Brand and other intellectual property protection

Our client, a leader in high street fashion, faces large numbers of companies who copy its designs. Fortunately, the relatively new Community design right has provided design right owners with a powerful enforcement tool.

We have been running a successful enforcement campaign against our client's competitors who are selling infringing designs as well as the related suppliers and manufacturers.

The concerted effort against infringers, bringing proceedings wherever necessary and appropriate, has dramatically reduced the infringements and sent a clear signal to the market about our client's commitment to defend its valuable intellectual property.