Product Labelling – ‘No Deal’ Brexit Scenario

January 17, 2019| by Amy Dunning

Food Labelling

The UK government recently published a series of Technical Notices aimed at assisting business to prepare for a ‘no deal’ Brexit scenario; including a notice entitled, ‘Producing and labelling food if there’s no Brexit deal’.

Impact on Nielsen Brandbank

Currently, and until such time as we have further clarity from the UK government, we do not have full visibility of the potential impact that a ‘no deal ‘ Brexit may have on the Nielsen Brandbank business.

However, we do not anticipate that there will be a material impact to the provision of our services.  Nonetheless, we recommend that product suppliers investigate any changes that may be required to the information on their products; some of which are detailed in the Notice.

Distance Selling

While the Notice does not directly address distance selling, it does confirm that EU-based provisions would be rolled over, as part of the Withdrawal Act.  

This would include Article 14 of Regulation (EU) 1169/2011 (FIC) on the provision of food information to consumers, which deals with Distance Selling.  

The effect of Article 14 FIC would therefore still apply post-March 2019. Essentially, it requires that all mandatory food information must be available on the material supporting the distance selling (or be provided through other appropriate means*) before the purchase is concluded.

Tobacco Products

Additionally, and of particular note is the Technical Notice entitled:  Labelling tobacco products and e-cigarettes if there’s no Brexit deal. Specifically, we draw our customer’s attention to the following extract:

‘Manufacturers will need to ensure that tobacco products which include picture warnings produced from Exit Day onwards will be labelled with the new picture warnings’

Accordingly, affected suppliers may wish to make any changes as soon as possible to their current packaging.

Clearly, these are uncertain times for UK businesses. Nielsen Brandbank is committed to assisting suppliers with any potential resultant changes and as and when they become clear.

The information contained herein is offered in good faith as Nielsen Brandbank’s best understanding of the issues discussed.  It is not intended to be (nor must it be regarded as) legal advice. Independent legal advice should be sought in order to assess your specific circumstances.  This note is not intended as a substitution for reading the referenced Technical Notices in their entirety.
*For guidance on ‘other appropriate means’, visit the Assured Legal Advice (produced in partnership with Cambridgeshire & Peterborough Trading Standards) on Nielsen Brandbank’s website.


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