FOI Request - Business Protection Regulations

Request 101000337884

How many times have the Business Protection from Misleading Marketing Regulations 2008 (BPRs) utilised the list of approved/rejected health claims established under the Nutrition and Health Claims (Scotland) Regulations 2007 to enforce breaches of the BPRs on food business operators making business to business communications? Please provide the number of recorded enforcement actions (i.e. official warning, improvement notice, fine, court action or other recorded action) you have issued since the BPRs came into force.

EXAMPLE SITUATION

‘Business A’ complains that the health claims ‘Business B’ is making about its ingredients / products to ‘Business C’ are misleading. ‘Business B’ is investigated by a TSO for the claims it is making to ‘Business C’ and uses the list of claims on the nutrition and health claims register (http://ec.europa.eu/nuhclaims/) to demonstrate the claims being made are misleading under the BPR (SI 2008/1276).

Businesses B and C are making business-2-business communications only and such claims are not accessible during these discussions to the consumer.

Response 14-04-2015

I can confirm that to date, we have never carried out any enforcement actions relating to the use of the list of approved/rejected health claims in conjunction with the BPR’s and we have never received a complaint or allegation of that nature.

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