header-logo header-logo

04 October 2023
Issue: 8043 / Categories: Legal News , Regulatory
printer mail-detail

Recall cat-astrophe for pet food supplier

Regulators acted lawfully in linking a pet food supplier with the surge of an extremely rare health condition that killed more than 100 cats—even though no causative link was establishe

Mr Justice Eyre handed down judgment last week in R (Fold Hill Foods) v Food Standards Agency and others [2023] EWHC 2271 (Admin), a judicial review of the Food Standards Agency (FSA’s) response to an outbreak of feline Pancytopenia and associated claims for £4.5m damages for breach of its Article 1, Protocol 1 rights under the European Convention on Human Rights.

The claim for damages, on the basis the FSA’s actions constituted an unlawful interference with Fold Hill’s peaceful enjoyment of its property and possessions, was parasitic on the other grounds.

Prior to the outbreak, only about one case of Pancytopenia would be found every five years.

While the science remains unproven as to the cause of the outbreak, investigations into common ingredients suggested a particular batch of potato flakes may have raised the level of mycotoxins, a naturally occurring substance which can be dangerous for cats. 

Solicitors for Fold Hill asked the FSA to make a public statement confirming that recalled feed not including the affected potato flakes were safe, and to do so as a matter of urgency given the perishable nature of the product. The FSA declined, stating its role was not to declare any recalled stock safe to sell.

Fold Hill claimed the FSA acted irrationally and unlawfully. Dismissing Fold Hill’s arguments, Eyre J held the FSA acted lawfully in issuing its ‘various updates’. Eyre J also concluded the FSA ‘did not compel the recall but instead encouraged voluntary action on the part of the claimant [which] means that it cannot be said that the recall amounted to an unlawful interference with the claimant’s peaceful enjoyment of its property and possessions’.

Issue: 8043 / Categories: Legal News , Regulatory
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll