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CMS_LawTax_Negative_28-100.ep Kernel The Scotland Food and Drink Bulletin Spring 2019
4 #undertheinfluence: Transparency and social influencer marketing
6 Say what? Reform to the Scots law of defamation
8 Consultation on food labelling: changing food allergen information laws
10 Employee ownership: a slice of the pie
11 Mass equal pay claims – are you next?
13 Tackling plastics, packaging and waste: significant UK proposals announced
15 Seminar – It’s a wrap: the end of plastic packaging as we know it
2 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019
Kernel
Welcome to the latest issue of Kernel, our Scotland food and drink bulletin.
In Kernel, we examine current legal issues affecting the Scottish food and
drink industry and provide bite-size articles on key developments.
In this issue, we consider the following:
——#undertheinfluence: Transparency and social influencer marketing
——Say what? Reform to the Scots law of defamation
——Consultation on food labelling: changing food allergen information laws
——Employee ownership: a slice of the pie
——Mass equal pay claims – are you next?
——Tackling plastics, packaging and waste: significant UK proposals announced
——Seminar – It’s a wrap: the end of plastic packaging as we know it
If you would like to discuss any of the articles in this edition of Kernel
or wish to provide any feedback, please contact Alison McCartney at
alison.mccartney@cms-cmno.com
CMS_LawTax_Negative_28-100.eps
Kernel
The Scotland Food and Drink Bulletin
Spring 2019
3
#undertheinfluence:
Transparency and social
influencer marketing
The use of social media and social ‘influencers’ to market and promote goods
and services is undergoing exponential growth. In the past few months, the
authorities have cast a strong spotlight on the authenticity and transparency of
social posts, given their potential to influence consumer purchasing decisions.
Recent guidance issued by the CMA can help brands ensure compliance and
avoid reputational damage.
At around 4:30pm on a regular Monday afternoon in In the competitive food and drink market, these social
February, health food empire Deliciously Ella posted an media pied pipers are lucrative marketing allies for
Instagram image of their new Nut Butter Balls, a recent brands established and new. Consider London-based
snack product to hit UK retailers. The post asked for @aliceliveing, an everyday twenty-something who
flavour suggestions for its next batch. Within just four started using Instagram to document her diet and
hours, the post had received 1,674 suggestions and fitness journey. Over the past few years she has amassed
8,408 ‘likes’. over 637k followers and posts images of delicious
breakfasts using Clarence Court eggs. Here in Scotland
This is just a snapshot of the myriad consumer there’s @naturallystefanie (290k followers at the time of
engagement and awareness opportunities presented writing), a lifestyle blogger who posts recipes using
by social networks like Instagram, Facebook, Twitter MyProtein products, @tristancameronharper (29.3k)
and YouTube, which happily come at a cheaper cost who can be seen exploring the Highlands whilst
than traditional channels like TV and print. enjoying Graham’s yoghurts and @glasgowfoodgeek
(30.3k) who reviews Glasgow restaurants and offers
Whether your brand is looking to grow market vouchers and discounts to her followers.
recognition or retain existing customer loyalty,
investment in social media is no doubt a key part of
your marketing strategy. You may even have asked a
Regulatory crackdown
social influencer to talk about one of your products or
In the past year questions have arisen regarding the
services on their Facebook or Instagram accounts.
authenticity and genuineness of influencer posts.
Did the influencer independently purchase and cook
The new trendsetters the salmon steak they have earnestly reviewed on their
YouTube channel, or did they merely receive GBP 5,000
Social influencers are people who have accumulated a to peddle a product that arrived on their doorstep and
large number of ‘followers’ on social media channels. which they didn’t even taste?
In principle, their followers trust them and use them as
a source for purchasing decisions. Film, TV and sports It is no surprise that UK watchdogs, the Advertising
celebrities are the usual suspects, however some of the Standards Authority (ASA) and the Competition and
most successful influencers are everyday people who Markets Authority (CMA), have ramped up their
have attracted a fan base due to their knowledge and investigations in this area to ensure that posts which are
expertise in a certain area (often coupled with great triggered by payment and/or subject to third party
photography skills). editorial control are transparent as such. Failure to do
4 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019
ensure this may be deemed misleading to consumers When considering prominence, the speed with which a
and result in investigation, enforcement action and consumer can scroll through posts on a social network
negative publicity. newsfeed should be a key consideration. The disclosure
(for example #ad) should not be hidden at the end of or
In January, hundreds of influencers received warning among a block of other text and/or hashtags.
letters from the ASA for flouting the transparency rules.
The CMA separately obtained formal commitments from Helpfully, the CMA sets out a number of frequently-
16 celebrities including Rita Ora, Ellie Goulding and used practices which it considers are not compliant.
Alexa Chung, to clearly disclose on their accounts if they These include:
have been paid or received free gifts from any brands
—— tagging a brand without additional disclosure
they refer to. To drum the message even louder, the
CMA recently new guidance directed at influencers: —— using ambiguous language without additional
Social media endorsements: being transparent with disclosure (for example ‘thank you’, ‘made possible
your followers. by’ or ‘in collaboration with’)
—— use of the hashtags: #sp; #spon; #client; #collab
What does the CMA guidance say? —— disclosure of the commercial affiliation
only on an influencer’s front, home or
The CMA guidance more or less reiterates previous
profile page. Each relevant post needs to
comments from the ASA and the CMA in this area,
contain an appropriate disclosure.
though it does help clarify the adequacy of certain
disclosures. The key instruction is that where the
influencer has received any payment, incentive or Comment
other reward from a brand and that brand is mentioned
in a social media post, the post must be clear that it is Given this is a high priority area for the authorities and
an ‘ad’. This applies even where the relationship is not the resulting press coverage has been significant, brands
current, but there was a relationship between the would be well advised to familiarise themselves with the
parties within the last year. CMA guidance as well as previous directions given by
the ASA in this area. In addition, we recommend
Even where the influencer has full control over the carefully considering your choice of influencers and
content (i.e. no editorial input from the brand), the ensuring your contracts include adequate protections to
content must still be identifiable as an ad. This goes a mitigate legal and PR risk. This might include ensuring a
step further than the ASA’s previous comments, which right to provide input and/or prior approval for any
suggested that both payment and editorial control posts that feature your brand.
triggered the need to disclose a post as an ad.
Additional points in the CMA guidance include Victoria Bayly
ensuring that posts do not suggest that the influencer Associate
has purchased something of their own accord when in TT +44 141 304 6017
fact it was gifted or loaned, or that the influencer has EE victoria.bayly@cms-cmno.com
used the product or service themselves when this is not
the case.
The law and the guidance is not prescriptive on exactly
how influencers should declare relationships with
brands, but in any case it must be ‘transparent, easy
to understand, unambiguous, timely and prominent’
and upfront without the need to ‘click through’ to find
more information. The CMA suggests the following in
this regard:
—— prominent use of the terms ‘Advertisement Feature’
or ‘Advertisement Promotion’
—— use of the hashtags #Ad or #Advert
—— on Instagram, using the ‘Paid Partnership’ tool (in
addition to one of the above hashtags).
5
Say what? Reform to the
Scots law of defamation
The Scottish Government is currently consulting on reforms to the Scots law of
defamation, the area of law which aims to protect individual and business
reputations from false statements. In an era of online reviews and viral sharing of
opinion, protecting reputations is of critical importance to many food and drink
businesses operating in Scotland.
Why is the Scottish Government What might change?
consulting? This consultation seeks views on enacting some
of the recommendations made by the Scottish Law
The Scottish Government’s stated aim is to create a law
Commission in 2017.
of defamation ‘fit for 21st century Scotland, with a clear
and accessible framework that balances freedom of
Among the most important of the changes being
expression and protection of individual reputation’.
consulted upon are the following:
The consultation follows on from the December 2017
report published by the Scottish Law Commission on 1. Serious harm: the Scottish Government seeks
its recommended reforms in this area. views on the introduction of threshold test for
defamation, which is to be known as ‘serious harm’.
The Scots law of defamation is largely rooted in This test would serve as a barrier to minor or
the common law, with some statutory footing, which frivolous claims, meaning that judicial resources in
was established in 1996. However, Scots law has the Scottish Courts were focused on only the most
arguably not kept pace with developments in England. serious cases, where ‘serious harm’ is suffered.
The Defamation Act 2013 (which is largely inapplicable A similar test was introduced in England & Wales
in Scotland) brought wide-ranging changes to the under the Defamation Act 2013 and to that extent,
law of defamation in England & Wales. The current if enacted, would bring Scotland into line with them.
consultation seeks to bring Scotland arguably more
2. Secondary publishers: under the current law,
into line with the developments seen down south
if someone other than the original author, a
since the Defamation Act 2013 came into force.
‘secondary publisher’, publishes a defamatory
statement, it is actionable against them just as
Just as one could not have predicted back in 1996 the
it would be against the original author. The law
impact that online technology would have on society
presumes that the secondary publication was
in 2019, so too the law did not foresee the immense
intentional. The proposed changes would provide
impact the social media age would have on defamation.
that no defamation proceedings can be brought
It is now easier than ever to make false statements,
unless they are against the author, editor or
some of which may turn viral in the blink of an eye.
publisher of the statement, who must be responsible
The changes seek to strike a balance between making
for its content and/or the decision to publish it.
it easier to take action when this happens and
This would replace the current defence of innocent
preventing the Courts being flooded with trivial claims.
dissemination and mean that liability is removed
for secondary publication in the Scots law of
defamation, again, bringing Scotland into line
with developments in England.
6 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019
3. Honest opinion: the current law recognises that If you would like to discuss protecting and managing
some statements are statements of fact and some your reputation in the sector, please contact our CMS
merely comments or opinions, which may be Scotland Food & Drink contacts, Graeme MacLeod and
disagreed with. Currently, if a statement is properly Emma Boffey.
‘fair comment’, it will not constitute defamation.
The burden on proving fair comment however
Graeme MacLeod
is onerous and technical. Under the current
Partner
consultation, the Scottish Government wants
TT +44 131 200 7686
views on whether to recast the defence as
EE graeme.macleod@cms-cmno.com
‘honest opinion’.
4. Limitation: under the current law, actions for
defamation must be brought within three years
following the publication first coming to the Emma Boffey
attention of the person bringing the action. Associate
The proposed reforms might see that period TT +44 131 200 7551
shortened to one year following first publication EE emma.boffey@cms-cmno.com
of the false statement. While it is likely the Scottish
courts would retain equitable powers to override
any delay in bringing actions in appropriate
circumstances, the Scottish Government seeks
views on whether such a short period is too
draconian or unworkable.
The Scottish Government’s consultation is open until
5pm on 5 April 2019. It heralds important potential
changes in the Scots law of defamation and for that
reason, will be of keen interest to all businesses and
individuals who are particularly exposed to online
comment, review and critique, as the food and drink
sector in Scotland is.
7Consultation on food
labelling: changing food
allergen information laws
The Government has launched a consultation seeking comment in relation to
proposed changes to allergen information on pre-packed foods (link below).
The proposed amendments would apply to both the domestic Food Information
Regulations 2014 (England) and parallel FIR regulations in Northern Ireland, Scotland
and Wales. The information gathered during the consultation will be published
following its closure, and will be taken into account in relation to future regulation.
The focus of the consultation is on Pre-Packed Foods —— Mandating allergen-only labelling on
for Direct Sale (PPDS), which ultimately means foods food packaging.
which are packed on the retail site where they are
—— Mandating ‘ask the staff’ labels on all products,
later sold. There is no legislative definition of PPDS
with supporting information for consumers available
and the consultation asks for comments on the scope
in writing. The information could include allergen
of the labelling changes envisaged, and for now the
information on the full list of ingredients.
consultation stipulates that it expects businesses and
Local Authorities to follow the interpretation set out in —— Promoting best practice around communicating
the Food Standard Authority’s technical guidance on allergen information to consumers. Although on the
allergen labelling, which is: ‘foods that have been face of it there would not be a change in the law,
packed on the same premises from which they are there would be additional activity to promote best
being sold.’ practice within the current legislative framework.
This may include: Best practice guidance for the
The current provisions require (in brief) that foods catering sector to be produced by FSA and made
prepacked for direct sale are treated in the same way as available to all local authorities; Cross-Stakeholder
non-prepacked foods, both being made on the premises conference with businesses hosted by Defra and
where they are then sold. Currently, these foods are not FSA to discuss best practice and encourage
required to carry labels, and information on allergens change without amendments to legislation;
can be conveyed by any means the operator chooses. Public information campaign to highlight allergen
It is stipulated also that if the information is to be knowledge and awareness for food businesses
orally communicated customers must be clearly notified and the general public. Comment is also welcome
by way of a label, a sign or a menu that allergen on whether this should be coupled with other
information is available and will be supplied on request. options above.
The change comes after the Inquest of Natasha
Food businesses and allergy sufferers are being
Ednan-Laperouse who tragically died as a result of an
invited to have their say on four options put forward
allergy to the contents of on-site pre-packed foods.
to change the way information is provided on
The Coroner had gathered comments by way of
packaging, including:
response to queries raised of the parties to those
—— Mandating full ingredient list labelling. This could proceedings. Michael Gove, Secretary of State for
include allergens being emphasised in bold as for Environment, Food and Rural Affairs has stated that:
prepacked foods.
8 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019Esme Saynor
—— Natasha’s parents have suffered a terrible loss, and I
Senior Associate
want to pay tribute to Nadim and Tanya for their
TT +44 114 279 4245
inspirational work to deliver Natasha’s law. We want
EE esme.saynor@cms-cmno.com
to ensure that labels are clearer and that the rules
for businesses are more consistent - so that allergy
sufferers in this country can have confidence in the
safety of their food. Many businesses are already Fiona Carter
bringing change on board independently, and in the Consultant
meantime they should continue doing all they can to TT +44 20 7367 2672
give consumers the information they need. EE fiona.carter@cms-cmno.com
We refer also to our previous article which referred to
these changes on the horizon, which you can also read
here: Food Allergen Labelling a Catalyst For Change
If you wish to contribute you should follow this link
and complete the Consultation, you have until 11:45
on 29 March 2019.
9Employee ownership:
a slice of the pie
The Employee-ownership model has entered the mainstream of the UK economy
thanks in part to the tax reliefs introduced by the Finance Act 2014 that benefit
owners and employees.
The Top-50 UK employee-owned companies have Employee-owned practices are modern, innovative
combined sales of approximately GBP 23bn and and fair and they appeal to employees who want to
employ approximately 175,000 employees. Employee help shape their workplace without having to invest
Ownership Association’s figures also show that four financially. Employees of such companies are also
food and drinks companies have broken into the entitled to an income tax exemption on bonuses
UK’s top 50 largest employee-owned companies. up to GBP 3,600 per year.
Employee-ownership works at every stage of a Wilkin and Sons, owners of various brands including
company’s lifecycle. However, two of its key features are ‘Tiptree’ converted to an employee ownership model to
in succession planning and maintaining independence. protect its independence and put in place continuity
Owners are able to avoid complex and protracted sale planning, allowing the Wilkin family to exit. Now other
negotiations by selling a controlling interest to a trust food and drink companies are following their lead,
created for the company’s employees and unlike on a with companies such as: Parfetts, Riverford Organic
conventional sale, the sale proceeds are entirely exempt Farmers and Fresca Group reporting growth following
from capital gains tax. Not all shareholders require to conversion. In addition, the recently appointed chairman
sell their shares and the selling directors can remain in of ‘Scotland Food & Drink’ is the co-founder of
post after the sale. The shares are sold to a trust for a Aquascot, one of Scotland’s largest employee-owned
price determined by a jointly appointed share valuation companies. The majority of these companies were
expert. The profits generated by the business each year family businesses and by introducing employee share
are paid into the trust to pay the outgoing shareholders and benefit schemes, employees have reported that the
for the purchase price (larger buy-outs can also be companies have retained their family feel.
financed by bank lending).
Scotland Food & Drink has set a target of making
CASS Business School has conducted research for the food and drink Scotland’s most valuable industry by
Department for Business, Innovation and Skills on 2030 – recognised at home and abroad as a model of
employee owned companies and their findings were collaboration. Employee-ownership could be the key to
that such companies: realising this ambition.
—— plan more for the long term
Jack Letson
—— get more of their growth from adding new Partner
customers TT +44 141 304 6147
—— invest more in people EE jack.letson@cms-cmno.com
—— have a more positive media image.
10 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019Mass equal pay claims –
are you next?
Around 30,000 shop floor workers have cleared the latest hurdle in their equal
pay challenge against their supermarket employer, as a result of the Court of
Appeal’s decision in ASDA v Brierley.
The case is spearheading a wave of equal pay claims Further, in Brierely, the fact that the claimants’ pay is set
against supermarket employers, with female claimants by a board committee and comparators’ by depot
arguing they are entitled to equal pay with male depot management as part of a collective bargaining process is
colleagues. The trend looks set to spill beyond the trumped by the fact that it is the Executive board, a
confines of the supermarket aisle, quite possibly to other ‘single-source’ who can review and change the pay of
food & drink sector employers. Given that historically both groups if necessary.
mass equal pay litigation has been mainly public sector
focussed this is likely to be new territory for many If you do identify gender segregated roles within your
private sector organisations. We take a look at what workforce with a pay disparity, claimants must be
steps your business can take to determine if it is carrying out work of ‘equal value’ with their
vulnerable, why it matters and what steps it can comparators in order to succeed. Determining ‘equal
take to best protect itself. value’ is notoriously difficult. A points based system is
often used, awarding points to factors such as mental
Under the Equality Act 2010, women are entitled to skills, physical effort, initiative & independence and
equal pay with men who carry out the same /similar knowledge. If the jobs are scored the same (or similar)
work, work rated as equivalent under a job evaluation they are of equal value. The process is similar to a JES
scheme (JES) or work of equal value. Based on the and indeed, a valid JES gives an employer an automatic
pattern of supermarket cases to date, it is organisations defence to an equal value claim if the claimant and the
where there are predominantly male and female comparator have been graded differently under the JES.
dominated roles who are the most likely target of mass Employers concerned about equal pay exposure could
claims, if one group earns more than the other in pay, therefore implement such a scheme or, for a more
allowances and other bonuses. light-touch approach, carry out an equal pay audit or
job benchmarking exercise which will give an indication
The connection between the roles of potential claimants of whether roles may be of ‘equal value’ or not.
and comparators will not always be obvious. They may
be carried out at different locations, by employees in These types of exercises also give an employer an
different divisions and under separately negotiated opportunity to document any rationale for pay
terms. However, a claimant can compare themselves to discrepancies. This is helpful as, even if equal value
a comparator at a different location if the comparator’s is established, employers have the opportunity to
terms would be the same if he worked at the same explain that differences in pay are not because of sex.
location as the claimant. This is the case even if the We understand for example that ASDA justifies the
claimant and comparator would never work at the same pay difference on the basis that depot employees
location due to the practical requirements of their roles. work anti-social hours in uncomfortable conditions
but it is yet to be seen whether the Court agrees with
this and whether it is a proportionate way of ASDA
achieving its aims.
11Gillian MacLellan
The repercussions for employers who unsuccessfully
Partner
defend such claims are huge. Claimants are entitled to
TT +44 141 304 6114
five years’ back pay (six in England) and equal pay going
EE gillian.maclellan@cms-cmno.com
forward. For employers who do identify an exposure,
there are a number of robust options, including
equalising pay or implementing pay protection, but
these come with their own challenges. Softer measures,
such as encouraging employees into roles dominated by Catriona Aldridge
the other sex, are also likely to assist on a longer term Senior Associate
basis and may form part of a wider gender pay gap TT +44 131 200 7350
strategy. Having transparent pay, bonus and promotion EE catriona.aldridge@cms-cmno.com
policies also helps take the heat out of the situation.
We have found that employees who properly
understand the remuneration structure and reasons for
any difference are less likely to suspect discrimination
and take legal action.
12 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019Tackling plastics, packaging
and waste: significant UK
proposals announced
On 18 February 2019, consultations relating to packaging, plastic use and waste
management were launched with major implications for retailers and food business
operators (‘FBOs’), in particular, together with others in the resource chain.
At the heart of the proposals is a desire to trigger Chancellor and legislated in a future Finance Bill which is
behavioural change, reduce virgin material use, waste, subject to review on an ongoing basis. The Government
emissions and environmental impacts. Maximisation of has stated that the tax rate will be one which is
resources encouraging the redesign and reduction of significant enough to change manufacturer behaviour
unnecessary packaging permeates throughout the and to drive demand for recycled plastic.
consultations. The role of plastic has gained particular
legislative traction. The key incentives are financial:
the proposals aim to place the costs of managing
A Deposit Return Scheme (‘DRS’)
environmental impacts firmly onto producers and the for beverage containers in England,
Government expects to raise between GBP 800m and
GBP 1bn a year from changes to the packaging waste
Wales and Northern Ireland
regime alone.
The consultation, jointly undertaken by DEFRA, the
Welsh Government and DAERA, follows a separate
A tax on plastic packaging with less consultation by the Scottish Government on establishing
a DRS in Scotland which closed on 25 September 2018.
than 30% recycled content The consultation paper states the UK Government
will work closely with devolved administrations in this
The proposed tax would apply to all plastic packaging
policy area, but at this stage, there is no confirmation
with less than 30% recycled content which is
that the scheme will combine with the proposed
manufactured in the UK and any such unfilled plastic
Scottish DRS. Therefore, the impact of either a single
packaging imported into the UK. It is proposed that the
DRS or multiple DRS on business is uncertain and should
tax will take effect from 1 April 2022.
be fully considered.
The consultation explores possible ways in which
It is proposed that a deposit is added to the price of
‘plastic packaging’ and ‘recycled content’ can be
beverages in certain in scope drinks containers at the
defined to finalise the scope of materials subject to
point of purchase. This deposit would then be redeemed
the tax. The Treasury’s proposed definition would cover
by the consumer when the empty drinks container is
all plastic products used for the containment, handling
returned to designated return points. Similar schemes
and delivery of goods from producer to the consumer.
exist globally and have achieved positive collection and
Significantly for the food and beverages industry, this
recycling rates.
definition is likely to include food containers, plastic
cups and bottles, as well as any component parts such
Two different models are proposed for the design of the
as lids and bottle tops.
containers to which the scheme will apply. The ‘on the
go’ model would restrict the drinks containers in scope
The Treasury proposes that the tax would be UK-wide
to those less than 750ml in size and would exclude
and charged on the full weight of the packaging
multipack containers. The ‘all in’ model would include all
product, at a flat rate set per tonne of packaging
beverage containers.
material. The rate of the tax will be announced by the
13It is proposed that the amount of the deposit is The Scottish government has also recently announced a
set by Government in consultation with the Deposit commitment, in principle, to introducing a charge on
Management Organisation, a newly established body disposable drinks cups – the so-called ‘latte levy’.
funded by producers, which would administer and The exact details of the scheme are reportedly still
operate the scheme. Questions are posed as to being considered by an expert panel, which is due to
whether the deposit should be a flat rate or should report back in the coming months, with proposed
vary according to material and how unredeemed legislation set to follow in the 2019-20 parliamentary
deposits should be used. Under Scottish DRS proposals year (although it will take some time for this to pass
unredeemed deposits would be proposed to be through the legislative process).
returned to the scheme administrator to fund the
operation of the scheme and infrastructure.
Comment
Reform of the UK producer The consultations will close in mid-May 2019. Many
FBOs are, of course, already taking action to identify
responsibility packaging waste system innovative solutions for the packaging and supply of
their food and beverage products. However, the
The consultation contains a raft of proposals to
proposed pace of these legislative changes is relatively
transform the UK-wide plastic packaging waste system.
fast with the roll out of potentially 2 DRSs by 2023 and
The headline proposal is that producers will be required
the revised packaging regime planned for 2023 with
to cover the full net cost of managing their packaging
the plastics tax in 2022. A ‘joined up’ approach will be
waste. This is a major reform as, under the existing
crucial to ensure the initiatives work effectively, are
regime, producers only cover around 10% of the cost of
compatible and do not create unforeseen issues.
managing packaging waste. By making producers cover
Retailers, FBOs and others likely to be affected by these
the full net cost, the Government aims to incentivize
measures should therefore review the proposals and,
producers to use less packaging and switch to
where necessary, make their voices heard.
packaging that is easier to recycle. Under the proposals,
the ‘full net cost’ would cover the cost of all stages in
CMS is running a seminar in Edinburgh on 27 March
the recycling process; the treatment/disposal of
looking at the key practical issues and opportunities
products that cannot be recycled; as well as the cost of
facing businesses arising from the rapidly progressed
communicating with consumers about recycling
proposed EU Directive on single use plastics and other
packaging waste and anti-littering; and compliance
initiatives at international and UK level.
monitoring by the regulator.
Find out more.
It is proposed that the full net cost recovery will only
apply to ‘consumer facing’ packaging. Packaging waste
for commercial or industrial applications commonly used Alex Ibrahim
in ‘business to business’ transactions, is out of scope of Of Counsel
the ‘full net cost’ proposals. TT +44 20 7524 6569
EE alex.ibrahim@cms-cmno.com
Other initiatives
In addition to the aforementioned consultations, the
Government is continuing to progress its proposal to
ban the sale and distribution of certain single-use Olivia Jamison
plastics products such as plastic drinks stirrers, plastic Partner
stemmed cotton buds and plastic straws (for non- TT +44 20 7367 2055
medicinal use) in England following a consultation which EE olivia.jamison@cms-cmno.com
closed in December 2018. Whilst at European level, a
proposal for a Directive on the reduction of the impact
of certain plastic products on the environment (which
includes prohibitions on certain single-use plastic
products and consumption reduction targets for others), Paul Sheridan
is anticipated to enter into force in mid-2019. Member Partner
States will then have two years to transpose it into TT +44 20 7367 2186
national law. This proposal forms part of the European EE paul.sheridan@cms-cmno.com
Union’s plastics strategy, which aims to make all plastic
packaging placed on the EU market, recyclable or
reusable by 2030.
14 | Kernel – The Scotland Food and Drink Bulletin – Spring 2019Seminar – It’s a wrap:
the end of plastic packaging
as we know it
CMS Scotland are running a seminar in Edinburgh on 27 March looking at the key
practical issues and opportunities facing businesses arising from the rapidly progressed
proposed EU Directive on single use plastics which has achieved provisional political
agreement) and other initiatives at international and UK level. During the session we will
cover the proposed Directive, UN and UK measures, the potential opportunities and what
it means for businesses in Scotland, with a particular focus on the food & drink sector.
You will hear from the CMS Environment team, Changeworks and eteaket.
Please register your interest here
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© CMS Cameron McKenna Nabarro Olswang LLP 2019
The information held in this publication is for general purposes and guidance only and does not purport to constitute legal or professional advice.
CMS Cameron McKenna Nabarro Olswang LLP is a limited liability partnership registered in England and Wales with registration number OC310335. It is a
body corporate which uses the word “partner” to refer to a member, or an employee or consultant with equivalent standing and qualifications. It is
authorised and regulated by the Solicitors Regulation Authority of England and Wales with SRA number 423370 and by the Law Society of Scotland with
registered number 47313. It is able to provide international legal services to clients utilising, where appropriate, the services of its associated international
offices. The associated international offices of CMS Cameron McKenna Nabarro Olswang LLP are separate and distinct from it. A list of members and their
professional qualifications is open to inspection at the registered office, Cannon Place, 78 Cannon Street, London EC4N 6AF. Members are either solicitors
or registered foreign lawyers. VAT registration number: 974 899 925. Further information about the firm can be found at cms.law
© CMS Cameron McKenna Nabarro Olswang LLP
CMS Cameron McKenna Nabarro Olswang LLP is a member of CMS Legal Services EEIG (CMS EEIG), a European Economic Interest Grouping that
coordinates an organisation of independent law firms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG’s member firms
in their respective jurisdictions. CMS EEIG and each of its member firms are separate and legally distinct entities, and no such entity has any authority to
bind any other. CMS EEIG and each member firm are liable only for their own acts or omissions and not those of each other. The brand name “CMS” and
the term “firm” are used to refer to some or all of the member firms or their offices. Further information can be found at cms.law
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