Retail Issues Unwrapped

We are pleased to welcome you to our Summer 2013 Retail Issues update. We capture relevant issues and topics of interest for in-house legal and business personnel alike. In particular, in this issue we cover the following:

Pricing claims that come at a cost

We have started to see the results of the OFT’s enforcement action following its 2010 market study into the advertising of prices. That report highlighted certain pricing practices that were ‘more likely to lead to consumer harm’ (such as drip pricing and time limited offers) and made clear that advertised prices must be both transparent and upfront.

We look further at recent ASA cases in relation to pricing issues.

Disposing of surplus property – what recent case law has taught us in relation to Break Rights

As companies continue to look for ways to save money, downsizing of property portfolios remains high on the agenda. Conversely landlords don’t want to suffer another void in this climate and look for ways to retain tenants, often resorting to Court. We have reviewed the trends in relation to break clause cases before the Courts and examine the lessons learnt.

Wine may not be promoted as being ‘easily digestible’

The Court of Justice of the European Union has sought to clarify the principles for determining whether a statement can be properly considered a health claim in relation to food labelling. We look further at using the claim ‘easily digestible’ for a wine.

Caution on consumer competitions

Beware - the Court of Justice of the European Union has made a far reaching decision on consumer competitions which has an unwanted impact on promoters in the UK and elsewhere across Europe. We explore the particular requirements in relation to consumer competitions and what promoters should be aware of.

Interflora stems Marks and Spencer keyword advertising

Keywords play a crucial role in internet advertising. We look at the recent trade mark infringement case in relation to Marks and Spencer purchasing advertising keywords on Google for ‘INTERFLORA’.

If you would like to discuss any of the issues in this update please contact the person whose contact details are above the relevant articles or your usual contact at CMS Cameron McKenna.

I hope you find the articles interesting and informative.

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