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RPC Bites #29 - breaking news: Colin the Caterpillar v Cuthbert the Caterpillar, uncertainty continues for composite products and packaging producers to face extended responsibility

Published on 16 Apr 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #28 - Northern Ireland Protocol breakthrough extended, the future of Easter eggs and an environmentally friendly beer partnership

Published on 01 Apr 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #27 - Government 'anti-obesity deadlines' are near on impossible warn retailers and further red tape angst is on the cards for composite food products

Published on 18 Mar 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #26 - A welcome ASA ruling for HFSS products, the Scotch Whisky industry is calling and the decision to regulate the CBD industry in the UK.

Published on 04 Mar 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #25 - Dry January further boosts no/lo sales, PepsiCo and Beyond Meat join forces and Mondelez faces price fixing allegations

Published on 18 Feb 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #24 - Brexit hits Percy Pigs, HFSS restrictions to become law in 2022 and a reminder that despite popular belief, honey is not medicinal

Published on 27 Jan 2021. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #23 - Northern Ireland Protocol breakthrough, victory for the UK organics sector and eco faux pas for Gousto

Published on 17 Dec 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

Brexit and Beyond panel discussion

Published on 11 Dec 2020.

Top tips for the food and drink sector

RPC Bites #22 - Brexit tips with 30 days to go, ASA rulings and farming subsidy reforms

Published on 03 Dec 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

Know where you stand

Published on 25 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Ben Mark, Partner

Whether you’re just starting out or launching a new beer, there are a wealth of intellectual property issues to consider in the world of brewing. Here, Ciara Cullen and Ben Mark, outline those do’s and don’ts, the changing brewing landscape and how to thrive in 2021 and beyond.

European Parliament votes on plant-based food labels

Published on 25 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

On 23 October 2020, the European Parliament voted on proposed amendments to the Common Agricultural Policy (CAP) which would affect how plant-based products can be labelled in the EU.

RPC Bites #21 – burgers, Brexit and bans for online ads

Published on 20 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

CMA launches Investigation into green claims

Published on 20 Nov 2020. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Ciara Cullen, Partner, Retail & Consumer Sector Lead

The CMA, the UK's consumer watchdog, has launched an investigation into environmental claims made by businesses to promote their products.

RPC Bites #20

Published on 06 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

RPC Bites #19

Published on 20 Oct 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #18

Published on 08 Oct 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!!

RPC Bites #17

Published on 24 Sep 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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.

RPC Bites #16

Published on 10 Sep 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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.

CBD products no longer ex-hemp from regulation

Published on 02 Sep 2020. By Sarah Mountain, Partner and Natalie Drew, Senior Associate

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?

RPC Bites #15

Published on 26 Aug 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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.

RPC Bites #14

Published on 07 Aug 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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.

RPC Bites #13

Published on 21 Jul 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!

VAT'll do nicely – temporary VAT rate cut to boost hospitality and tourism sectors

Published on 13 Jul 2020. By Ben Roberts, Partner

Last week, as part of efforts to boost the UK economy in light of the Covid-19 pandemic, the Chancellor announced a temporary (6 month) cut in the rate of VAT for certain supplies of hospitality, hotel and holiday accommodation, and admissions to certain attractions.

RPC Bites #12

Published on 08 Jul 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!

RPC Bites #11

Published on 24 Jun 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!

Beware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims

Published on 17 Jun 2020. By Sarah Mountain, Partner and Samuel Coppard, Senior Associate

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.

RPC Bites #10

Published on 10 Jun 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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.

RPC Bites #9

Published on 29 May 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead 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!

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

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.

Carluccio's serves up a rescue recipe

Published on 28 Apr 2020. By Paul Bagon, Partner

On Friday 24 April, RPC hosted a 30 minute webinar on the interaction of furloughing and insolvency law.

Food & Beverage

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What is a foundational model?

Published on 11 Jun 2025. By Caroline Tuck, Partner and Joshy Thomas, Knowledge Lawyer and Rory Graham, Associate

Part 1 - UK AI regulation

Published on 11 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Knowledge Lawyer and Ricky Cella, Senior Associate

There has been consistent messaging from the UK Conservative-led government that the UK has decided to adopt a light touch approach to regulating AI. This was evident in the AI white paper published in March 2023 which outlined a principles based framework (see ['The Ethics of AI – the Digital Dilemma'] for more information about the principles themselves and see here for additional coverage of the AI white paper). The UK government held a consultation on the AI white paper in 2023 and published a response on 6 February 2024 that adds slightly more flesh to the bones of the UK framework.

The Role of AI in Disputes

Published on 10 Jun 2025. By Daniel Hemming, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Knowledge Lawyer

While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.

Generative AI – Addressing Copyright

Published on 10 Jun 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Joshy Thomas, Knowledge Lawyer and Rory Graham, Associate

When it comes to the interaction of AI and IP rights, bar a flurry of activity surrounding the inevitable outcome by the courts in the Thaler, Dabus case (see here) and the Court of Appeal's ruling on the potential for exclusion from patentability of artificial neural networks in the Emotional Perception case, most attention has been focused on copyright issues. There are three main potentially thorny issues and all have been extensively covered by the mainstream media.

AI and Privacy – 10 Questions to Ask

Published on 10 Jun 2025. By Jon Bartley, Partner and Praveeta Thayalan, Knowledge Lawyer

We set out in this section 10 key questions to ask yourself at the outset when developing or deploying AI solutions in your business.

The Ethics of AI - The Digital Dilemma

Published on 10 Jun 2025.

This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'

Part 6 – Practical Considerations

Published on 10 Jun 2025. By Caroline Tuck, Partner and Ricky Cella, Senior Associate and Praveeta Thayalan, Knowledge Lawyer

AI focussed actors and providers have been focussing on their forthcoming AI obligations and on governance for some time, but it is now prudent for the majority of organisations to assess how their use of AI will come within the scope of regulation in key territories and become familiar with each regime (and devise a means to keep up with the anticipated fast moving changes). Planning for the costs of compliance and for AI governance including systems and procedures for data retention and record keeping should also be part of current business strategy together with building expertise on AI internally and identifying trusted advisors from the "noise" of what is being offered externally.

Part 5 – AI Regulation Globally

Published on 10 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Knowledge Lawyer and Ricky Cella, Senior Associate

On 30 October 2023 the G7 published its international guiding principles on AI, in addition to a voluntary code of conduct for AI developers. The G7 principles are a non-exhaustive list of guiding principles aimed at promoting safe, secure and trustworthy AI and are intended to build on the OECD's AI Principles, adopted back in May 2019.

AI-as-a-service – key issues

Published on 10 Jun 2025. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Tom James, Associate

Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.

Procuring AI – commercial considerations checklist

Published on 10 Jun 2025. By Praveeta Thayalan, Knowledge Lawyer and Paul Joukador, Partner

Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.

Regulation of AI - introduction

Published on 10 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Knowledge Lawyer and Ricky Cella, Senior Associate

As with any new technology, existing data protection and privacy, intellectual property, competition, product liability, data security and consumer laws apply to its application in each jurisdiction. This has thrown up a number of important and newsworthy issues and considerations for AI developers and providers, legislators, consumers and rights holders. There are also several sets of high profile legal proceedings both decided and ongoing in several jurisdictions. These issues and legal proceedings are discussed in other sections of this AI Guide.

What is AI and why is it topical?

Published on 10 Jun 2025. By Paul Joukador, Partner and Helen Armstrong, Partner and Charles Buckworth, Partner and Caroline Tuck, Partner

Whilst there is no universal definition of what constitutes artificial intelligence, at its core, AI refers to the simulation of human intelligence in machines that are programmed to think and learn like humans. This encompasses the ability to reason, learn from experience, understand complex concepts, interact with their environment and look to solve problems.

Generative Artificial Intelligence Risks for Litigation Lawyers

Published on 09 Jun 2025. By Nick Bird, Partner and Cheryl Laird, Senior Associate

In R (on the application of Frederick Ayinde) v The London Borough of Haringey AC-2024-LON-003062 the President of the King's Bench Division (Dame Victoria Sharpe) and Mr Justice Johnson gave judgment in two referrals that had been made under the Hamid jurisdiction. That jurisdiction is the court's inherent jurisdiction to regulate its own procedures and enforce the obligations that lawyers owe to it.

European Data Protection Board adopts statement on age assurance technologies

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How is the European Data Protection Board (EDPB) proposing to address the benefits and risks of age assurance technologies?

New ICO guidance for “consent or pay” online ads

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the view of the UK Information Commissioner’s Office (ICO) on whether “consent or pay” online advertising models are compliant with UK data protection law?

Status update on the UK’s new Data (Use and Access) Bill

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The UK’s new Data (Use and Access) Bill (DUA Bill) is on its way, but where is it in the legislative process? And what are proving the sticking points?

Developing responsible GenAI – the UK and EU regulatory view

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the UK and EU data protection authorities’ view on ensuring responsible generative AI (GenAI) development and deployment?

High Court rules against Sky Betting’s targeted marketing

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What constitutes valid consent under UK data protection law, particularly in the context of targeted marketing to vulnerable individuals?