header-logo header-logo

Recall cat-astrophe for pet food supplier

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll