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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll