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04 October 2023
Issue: 8043 / Categories: Legal News , Regulatory
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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
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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
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The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
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