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Thinking - Blog

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, Consumer Brands & Retail 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!!

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Thinking - Publication

Know where you stand

Published on 25 Nov 2020. By Ciara Cullen, Partner, Consumer Brands & Retail 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.

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Thinking - Blog

European Parliament votes on plant-based food labels

Published on 25 Nov 2020. By Ciara Cullen, Partner, Consumer Brands & Retail 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.

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Thinking - Blog

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

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

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Thinking - Blog

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, Consumer Brands & Retail Sector Lead

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

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Thinking - Blog

RPC Bites #20

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

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Thinking - Blog

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

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

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Thinking - Blog

RPC Bites #19

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

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Thinking - Blog

RPC Bites #18

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

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Thinking - Blog

RPC Bites #17

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

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Thinking - Blog

RPC Bites #16

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

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Thinking - Blog

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?

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Thinking - Blog

RPC Bites #15

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

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Thinking - Blog

RPC Bites #14

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

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Thinking - Blog

RPC Bites #13

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

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Thinking - Blog

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.

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Thinking - Blog

RPC Bites #12

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

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Thinking - Blog

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Sarah Mountain, Partner

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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Thinking - Blog

RPC Bites #11

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

Read more
Thinking - Blog

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.

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Thinking - Blog

RPC Bites #10

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

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Thinking - Blog

RPC Bites #9

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

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Thinking - Blog

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.

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Thinking - Blog

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.

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Sector

Food & Beverage

With experience across the food and drink supply chain, we understand the challenges you face. Partner with us to protect your interests and gain a competitive advantage.

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Thinking - Snapshot

Ofcom publishes children's online safety codes and risk assessment guidance

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What measures must in-scope service providers undertake following the introduction of Ofcom's Protection of Children Codes and Guidance (the Codes)?

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Thinking - Snapshot

New UK Software Security Code of Practice

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What impact will the new voluntary Software Security Code of Practice have on UK organisations?

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Thinking - Snapshot

Navigating the AI Act: The GPAI Code of Practice and Guidelines

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What does the European Commission’s GPAI Code of Practice and Guidelines mean for providers of General Purpose AI models?

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Thinking - Snapshot

First fines issued under the EU Digital Markets Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How have obligations under the Digital Markets Act (DMA) been enforced recently and what are the ramifications for a lack of compliance?

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Thinking - Snapshot

EU Commission's call for evidence on European Business Wallet

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the new European Business Wallet and how could businesses benefit from it?

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Thinking - Snapshot

EU Commission seeks feedback on guidelines for the protection of minors online under the Digital Services Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What might the change in the Digital Services Act (DSA) guidelines mean for providers of online platforms that can be used by minors?

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Thinking - Snapshot

UK Data (Use and Access) Act comes into force

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the key elements of the UK’s new Data (Use and Access) Act (DUAA)?

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Thinking - Snapshot

ICO publishes new guidance on anonymisation and pseudonymisation

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the ICO's latest key recommendations for effective anonymisation and pseudonymisation of personal data?

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Thinking - Snapshot

Encryption under scrutiny: what the ICO’s new guidance means for your business

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the ICO's current thinking around encryption practices where organisations are subject to the UK GDPR?

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Thinking - Snapshot

€530m TikTok fine highlights the importance of effective international data transfer mechanisms

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What were the missing compliance elements in TikTok's international data transfers to China and why did these result in such a significant fine?

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Thinking - Publication

Generative AI – addressing copyright

Published on 22 Sep 2025. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Joshy Thomas, Senior Knowledge Lawyer and Rory Graham, Associate

When it comes to the interaction of AI and IP rights, most attention and litigation has been focussed on copyright. The three main issues are whether: (1) the way FMs are trained using works from the internet infringes the copyright in the works of content creators such as authors, artists and software developers; (2) the outputs of FMs infringe the copyright of content creators; and (3) AI generated works are protectable.

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Thinking - Blog

A new era for surveyors: RICS launches global standard on responsible use of AI

Published on 17 Sep 2025. By Katharine Cusack, Partner and Cecilia Everett, Partner

The Royal Institution of Chartered Surveyors (RICS) has taken a decisive step into the future, publishing its first global professional standard for the responsible use of artificial intelligence (AI) in surveying. Released on 10 September 2025 and due to take effect from 9 March 2026, this landmark guidance aims to steer surveyors through the rapidly evolving landscape of AI technologies, seeking to balance innovation with accountability.

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Thinking - Publication

What is a foundation model?

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

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Thinking - Publication

Part 1 - UK AI regulation

Published on 11 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Senior 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.

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Thinking - Publication

The Role of AI in Disputes

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

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Thinking - Publication

AI and Privacy – 10 Questions to Ask

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

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Thinking - Publication

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'

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Thinking - Publication

Part 6 – Practical Considerations

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

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Thinking - Publication

Part 5 – AI Regulation Globally

Published on 10 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Senior 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.

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Thinking - Publication

AI-as-a-service – key issues

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

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Thinking - Publication

Procuring AI – commercial considerations checklist

Published on 10 Jun 2025. By Praveeta Thayalan, Senior 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.

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Thinking - Publication

Regulation of AI - introduction

Published on 10 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Senior 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.

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Thinking - Publication

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.

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Thinking - Blog

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.

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Thinking - Blog

Securing electricity for development projects

Published on 14 May 2025. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

Developers are facing significant delays in securing a point of connection, offer from a Distribution Network Operator (DNO), to reserve power on the grid for a new development site. In a challenging market, a development site that might be sold off with planning permission is more marketable if it benefits from reserved power.

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