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Compliance

Ensuring a level playing field for all FPA members

Challenging false claims

The massive increase in reported packaging environmental claims lacking evidence and substantiation spawned the establishment of the FPA Regulatory and Compliance Committee. The committee administers an independent and confidential procedure surrounding complaints of breaches, and its compliance team takes the necessary steps to ensure those who breach regulations are held to account.

The compliance process

The process commences on receipt of a completed online compliance form, which is available to FPA members on request from Lisa McGowan, the FPA's office manager.
FPA members can complete the form to report or question a claim or claims being made by a company (which may or may not be an FPA member).
Following an initial review of the claim, the compliance team will work with the FPA's Primary Authority partners, the Advertising Standards Agency, and other relevant parties to complete investigations.
If the claim relates to a product, once product samples are made available, the compliance team will arrange for these to be tested by an independent accredited laboratory.
The FPA member raising a challenge will be informed if their case has been upheld and the action taken or if the claim has been dismissed, and on what grounds.

Types of false claims

Environmental Claims

An environmental claim is one made about a product, service, process or even a company as a whole that highlights one or more aspects which indicate some form of environmental benefit.

The claim can be ‘explicit’, for example, ‘made with 100% recycled material’, or ‘implied’, such as ‘eco-friendly. Even a company name can imply an environmental claim, e.g. ‘Eco-Bottles Ltd’.

Currently there is no specific legislation controlling environmental claims. They are considered like any other description applied to a product or service. Trading Standards enforce the law in this area and the penalties for breaching the law can range from fines to imprisonment – so it pays to be careful!

The Green Claims Code

The government has issued the ‘Green Claims Code’, which sets out six core principles to be followed when making such claims, which must:

Be truthful and accurate.
Be clear and unambiguous.
Not omit or hide important relevant information.
Ensure any comparisons are fair and meaningful.
Consider the full life cycle of the product or service
Be substantiated.

The FPA's Primary Authority Partnership

The FPA has entered into a Primary Authority Partnership with Buckinghamshire and Surrey Trading Standards to facilitate the progression of false foodservice packaging claims.

Reports made to local authorities via the FPA's Primary Authority Partnership

Non-compliant businesses to be visited by Trading Standards

Banned SUP items removed from sale

Complaints logged by Trading Standards

False claims withdrawn

Calls fielded from FPA members with queries about compliance

What is the role of Trading Standards in relation to changes to the law?

It is every business’s responsibility to comply with the law, be aware of changes to the law, and ensure products are compliant when these changes come into effect. One of the benefits of being a member of a trade association like the FPA is that members can be made aware of upcoming changes to the law and how they can comply. Our new Primary Authority Partnership with the FPA will provide advice to members on any statutory-status changes to the law – meaning that if followed it must be respected by other local authorities.

Which government department has responsibility for Trading Standards?

Trading Standards is a local government function, not a national regulator like the Food Standards Agency. The Office for Product Safety and Standards runs the Primary Authority Scheme.

Does the FPA’s Primary Authority Partnership cover the whole of the UK?

All businesses in the UK can be a member of a Primary Authority Scheme – the effect that advice has varies on the geographical coverage of the legislation Trading Standards is providing advice on. Generally speaking, all of the legislation advised on has effect in at least England.

How important is it for companies to substantiate claims?

All businesses making claims do so at their own risk. We always say at Trading Standards that if something is true and can be evidenced then businesses should shout from the roof tops about it because they are often in competitive markets. However, there are significant risks if claims are made that cannot be substantiated – after all, without substantiation the claim may not be true. In addition to unlimited fines in the courts from enforcement action, there are also other bodies to consider, such as the Advertising Standards Authority, which has its own sanctions. The fallout from using unsubstantiated claims can be costly as well as damaging to reputations.

What is the correct way for businesses to use accreditations and/ or certification?

By referencing accreditations and/or certificates, companies are making a statement about their product, business or services. This constitutes a claim, and all claims must not only be true, but able to be evidenced upon request. In practice, this will mean only referencing accreditations that have not expired, and are relevant to the activity/product in question. If certificates have been issued, then again, they should still be ‘in date’ and also not mislead as to who they have been issued to. For example, if one member of staff receives a certificate, it is unlikely that the organisation as a whole will be able to use it on their website or products.

How far should organisations go to ensure products supplied to them are supplied are as described?

This will always be a matter of fact and will be based on a number of factors, including how long a company has used that supplier and whether any problems have been encountered in the past. Certainly, doing nothing is not an option.

Are all matters typically resolved and, if not, can a matter be taken to court?

Both civil and criminal matters can always be taken to court, although our Primary Authority Scheme is designed to avoid court as the arena in which legal challenges against members are heard.

How should organisations go about contacting the FPA Primary Authority Partnership to report a false claim?

They must always deal directly with the co-ordinator for the Primary Authority Partnership, i.e. the head of the FPA Regulatory and Compliance Committee, Anne Sutton

Reporting an issue

FPA members wishing to raise a challenge against a company should email the FPA's office manager, Lisa McGowan, to request access to the online compliance form. This ensures all the necessary information is provided in order for Trading Standards to investigate. On completion the form will be automatically forwarded to the FPA's compliance team to progress.

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