Archives

Plastic Packaging Tax: Proposed Updates to Recycled Content Definition to Facilitate Chemical Recycling

By Anita Lloyd on Posted in Environmental, Rulemaking & Policy Development
The UK’s Plastic Packaging Tax (PPT) was introduced in April 2022. It was initially set at £200 per tonne (£210.82 since April 2023) and applies to importers and manufacturers of plastic packaging with less than 30% recycled content. HM Revenue & Customs (HMRC) has been seeking to raise more awareness of PPT and has indicated that the … Continue Reading

Deposit return scheme: Circularity Scotland hails “milestone” producer registration and reaffirms August 2023 launch date amid growing scepticism

By Nicola Smith, Anita Lloyd and Francesca Puttock on Posted in Alcohol, Food and Entertainment Licensing, Climate Change & Sustainability, Environmental, Food Safety, Product Safety, Uncategorized
With a planned launch date of 16 August 2023, the pressure is on for the Scottish government to deliver the deposit return scheme (“DRS”) for drinks containers. Despite increased scrutiny of industry readiness, Circularity Scotland (“CSL”) reaffirmed on 2 March that the scheme is on track and that producers responsible for more than 95% of … Continue Reading

New and Updated Guidance on the Scope of the UK Plastic Packaging Tax

By Oliver Bristow on Posted in Climate Change & Sustainability, Environmental
The Plastic Packaging Tax (the Tax) came into force on 1 April 2022 and applies to finished plastic packaging components (PPC) produced for commercial purposes or imported into the UK that contain less than 30% recycled plastic by weight. Since our previous article and our FAQ for businesses explaining the Tax, HMRC has updated its original guidance … Continue Reading

Greenwashing: UK Regulator Investigation and Further Guidance for Businesses

By Squire Patton Boggs on Posted in Environmental, Rulemaking & Policy Development
The UK Regulator – the Competition and Markets Authority (“CMA”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“FMCG”). In this piece, our IP and Technology colleagues discuss the FMCG investigation and the Advertising Standards Authority’s (“ASA“) pursuit of misleading green claims. Read the … Continue Reading

2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues

By Squire Patton Boggs on Posted in CERCLA/RCRA, Chemicals & Products, Rulemaking & Policy Development
A recording of PFAS, REACH and Other Chemical Regulatory Issues the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we provided an overview of the rapidly evolving landscape related to per- and polyfluoroalkyl substances (PFAS), including the proposed … Continue Reading

China’s New Pollutant Control Action Plan: A Focused Plan that Could Impact the Chemical Industry Outside of China

By Danelle Gagliardi on Posted in Chemicals & Products, Environmental Protection
It is no secret that China has long struggled with implementing measures for pollution control and regulating hazardous chemicals. We have watched this issue closely and published about it in years past here. However, on May 24, 2022, the China State Council issued its most focused plan yet, known as the “New Pollutant Control Action … Continue Reading

UK COVID-19 Public Inquiry Terms of Reference finalised and presented to the Prime Minister for approval

By Bethany Thompson on Posted in Health & Safety, Rulemaking & Policy Development, Social
In April, we published an article about the UK COVID-19 Public Inquiry’s four-week long consultation process into its draft Terms of Reference (“TORs”), which will shape the scope of issues to be addressed by the Inquiry. Last month, the Inquiry published its summary report into the consultation, having analysed the 20,000 responses received, and meeting … Continue Reading

UK Government publishes guidance on the implementation of the Food (Promotion and Placement) Regulations 2021

By Nicola Smith on Posted in Food Safety, Health & Safety
The Food (Promotion and Placement) (England) Regulations 2021 will come into force on 1 October 2022 and impact foods High in Fat, Salt and Sugar (HFSS) by introducing restrictions on volume offers and new rules on placement in retail stores and promotion. These include a 9 p.m. watershed on all advertising of HFSS foods and … Continue Reading

ESG Hot Legal Issues for Food Manufacturers (UK)

By Squire Patton Boggs on Posted in Health & Safety, Rulemaking & Policy Development
Squire Patton Boggs invites you to join us for a webinar on 5 May 2022 where we will discuss the environmental, social and governance (ESG) issues that affect food manufacturers, from changes in legislation, priorities for remaining compliant, navigating supply chain transparency and how, together, these feed into the wider corporate governance obligations both current … Continue Reading

Still Time To Have Your Voice Heard In The UK COVID-19 Public Inquiry

By Bethany Thompson on Posted in Health & Safety, Rulemaking & Policy Development, Social
With just under a week remaining on the Cabinet Office’s online consultation process into the COVID-19 Public Inquiry, we explore the current stage of the Public Inquiry process, the next steps, and the importance of ensuring organisations and individuals have their say in the draft Terms of Reference (“TORs”) by 7 April 2022, which will … Continue Reading

UK Calorie Labelling for Food and Drink in Restaurants, Takeaways, Deli Counters and Other ‘Out of Home’

By Nicola Smith on Posted in Alcohol, Food and Entertainment Licensing, Chemicals & Products, Food Safety, Product Safety
There is less than a month to go before the UK’s new Calorie Labelling (Out of Home Sector) (England) Regulations 2021 (the “Regulations”) come into force (6 April 2022). The Regulations include obligations for calorie labelling for ‘non-prepacked foods’ in England, which are sold in a form suitable for ‘immediate consumption’. They will require businesses … Continue Reading

The Office for Product Safety and Standards (OPSS) Publishes Enforcement Data (UK)

By Nicola Smith and Rob Elvin on Posted in Product Safety
The OPSS has published details of its enforcement actions during the six months from 1 April 2021 to 30 September 2021. Actions related to product safety included orders for forfeiture and destruction, compliance notices and the issue of mandatory withdrawal and recall notices. Relevant businesses included businesses based in Great Britain, but also a significant … Continue Reading

Consultation is opened on the Office for Environmental Protection’s (OEP) draft strategy and enforcement policy (UK)

By Anita Lloyd on Posted in Environmental Protection
The consultation seeks views on the new regulator’s plans, which set out how it will protect and improve the environment by holding public authorities to account. The draft strategy defines what the OEP considers to be a “public authority” and this includes the government, government agencies, local authorities and similar organisations, and private companies carrying … Continue Reading

Advertising, Media and Brands Global Compliance Challenges: The Rise of ESG and Global Workforce Challenges

By Squire Patton Boggs on Posted in Climate Change & Sustainability
2021 has provided unique challenges for businesses operating across the advertising, media and brands industry. Aside from the impact of the pandemic, we are seeing a changing and challenging landscape due to increasing economic, consumer, regulatory and compliance pressures. With increased exposure as a result of these pressures, Squire Patton Boggs and BDO will be … Continue Reading

UK Regulator Increases Action Against Greenwashing

By Squire Patton Boggs on Posted in Environmental Protection, Rulemaking & Policy Development
Colleagues in our Intellectual Property & Technology team recently published an article focusing on the Competition and Market Authority’s (“CMA”) greenwashing investigation. Greenwashing is the use of disingenuous environmental or eco-friendly claims (for example, “natural”, “recyclable”, “organic”) by businesses to market products to consumers. This may be done via “statements, symbols, emblems, logos, graphics, colours … Continue Reading

January 2022 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

By Squire Patton Boggs on Posted in Brexit, Chemicals & Products, Climate Change & Sustainability, Environmental Litigation, Environmental Protection, Health & Safety, Product Safety, Rulemaking & Policy Development, Solid & Hazardous Waste
Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

December 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

By Squire Patton Boggs on Posted in Environmental Protection, Health & Safety, Water Quality
Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

Cartel allegations in France regarding the concealed use of Bisphenol A in food packaging

By Erling Estellon and Ruggero Chicco on Posted in Chemicals & Products
Bisphenol A is a chemical product which is considered an endocrine disruptor and, for that reason, has been banned from the food industry since 2015 by the French Food Safety Agency (FSA).  Bisphenol A is, however, still legally used in other countries (including the UK and other EU Member States). The French Competition Authority (FCA) … Continue Reading

Record £90 Million Fine for a “Flagrant Disregard” of UK Environmental Law Calls for Boards of Directors to Take Note

By Anita Lloyd, Rob Elvin and Bethany Thompson on Posted in Energy & Utilities, Environmental Litigation, Environmental Protection, Water Quality
On 19 August, the sentencing remarks of Mr Justice Johnson were published in relation to the recent £90 million fine issued to Southern Water for sewage pollution.  The remarks provide a full breakdown and description of how this record fine was calculated, and provide comments and conclusions on a number of issues that are likely … Continue Reading

European Commission Proposes a Carbon Border Adjustment Mechanism (CBAM) for Iron, Steel, Cement, Fertilisers, Aluminium and Electricity (4 in 4-Part Series)

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Mining & Natural Resources
Another much-anticipated and likely controversial proposed regulation would establish a CBAM for certain imports. The Commission presented it as a measure to ensure that ambitious climate action in Europe does not lead to “carbon leakage” by pushing carbon-intensive production out of the single European market but contribute to a global emissions decline by encouraging the … Continue Reading

European Commission Proposes a Revision of the Renewable Energy Directive (3 in 4-Part Series)

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Energy & Utilities
As another key component of the Fit for 55 package, the Commission made a proposal to amend Directive 2018/2001 on the promotion of the use of energy from renewable sources (RED II) and related legal acts. The revision would increase the overall binding target for renewable energy in the EU energy mix from the current … Continue Reading

European Commission Proposes “Most Crucial Change to the EU Emission Trading System So Far” (2 in 4-Part Series)

By Squire Patton Boggs on Posted in Air Quality, Climate Change & Sustainability, Energy & Utilities
As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts. According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage … Continue Reading
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