Nicola Smith

Connect: Read more about Nicola Smith
Firm/Organization: Squire Patton Boggs
Blogs: eSQUIRE Global Crossings, frESH, Global IP & Technology Law Blog

Latest Articles

I was pleased to have an article published in a recent ABA Natural Resource and Environment publication. The article covered “Food Labeling Issues and Trends in Europe: Lessons for US and European Practitioners from Recent Allergen Recalls”, and is now available for download here. Since writing the article, there have been a number of further examples of recalls due to safety or allergen issues.  Only this week, the Food Standards Agency (FSA) issued a notification…
Trade press reports have highlighted a spate of recent recalls relating to food and drink products in the UK resulting from labelling errors. Examples include foods recalled because of salt crystals not mentioned on the packaging (which represent a potential choking hazard), chocolate drinking straws with labels not in English (with allergen information therefore not easily comprehended) and several products which contained allergens, including sulphur dioxide and/ or sulphites, not correctly mentioned on the label.…
Although figures revealed last year indicated that the number of pub closures had fallen, more recent data suggests that the restaurant sector is now at greater risk of insolvency due to Brexit. This is due to rising costs which has resulted in the stagnation of disposable income (accountants Moore Stephens, for example, warned of this at the end of last year). The pub sector is certainly not out of the woods yet either: CAMRA called…
Technology can offer new business opportunities and efficiencies to businesses. However, it can also present new and on-going challenges to the regulation and control of health, safety and environmental issues (and ultimately the potential liability of any business exploiting new technology). One of the ‘key points’ of the Health and Safety Executive Strategy 2016 was that “we all need to horizon scan and ‘design-in’ effective risk management of new or emerging technologies and business models.”…
The UK Government has published a Green Paper on Industrial Strategy, which identifies a number of challenges over the coming years, including: building on existing strengths and extending excellence into the future (with reference to the UK’s global reputation in industrial sectors – from automotive and aerospace to financial and professional services and the creative industries); ensuring that all areas of the country meets their potential by working to close the gap between our…
From 1 July 2017, non-broadcast adverts for high fat, salt or sugar (HFSS) foods aimed at children will be banned in the UK. The ban is a response to concern about the escalating problem of childhood obesity. Current estimates are that a third of children in the UK are obese. The ban will be introduced by an amendment to the CAP Code. From 1 July, adverts that directly or indirectly promote a HFSS product will…
On 28 November 2016, the National Food Crime Unit launched ‘Food Crime Confidential’, which is a phone and email reporting or ‘whistleblowing’ facility. Anyone can use the service, but it is targeted mainly at those working in or around the food industry, to allow them to report suspicions in confidence. Food Crime is defined by the Food Standards Agency (“FSA”) as ‘Financially motivated dishonesty relating to food production or supply, which is either complex…
Penalties imposed by the courts in relation to the adulteration of food can be serious. The Guardian and other papers in the UK reported recently that an Indian restaurant owner has been imprisoned for manslaughter following the death of a customer who suffered an allergic reaction (a severe anaphylactic shock) in January 2014 after eating a takeaway which contained peanuts, despite the fact that he made his severe allergy known to staff. In the case,…
The trading environment for Britain’s pubs has never been tougher. According to the Campaign for Real Ale, 29 pubs close every week in the UK, with pubs selling approximately a third of the number of pints that they used to sell in the late 1970s. Against this backdrop, insolvency practitioners need to be aware of the potential issues with UK licensing laws when accepting an appointment over any business that holds an alcohol licence, which…
The trading environment for Britain’s pubs has never been tougher. According to the Campaign for Real Ale, 29 pubs close every week in the UK, with pubs selling approximately a third of the number of pints that they used to sell in the late 1970s. With the number of failing pubs on the increase, insolvency practitioners need to be aware of the potential issues with UK licensing laws that they face when accepting an appointment…