Supreme Court to hear landmark case on food labelling and 'use-by' dates

The Supreme Court will next week hear a key case on food labelling regulations and ‘use-by’ dates.

Central to Torfaen County Borough Council v Douglas Willis Limited is the construction of Regulation 44(1)(d) of the Food Labelling Regulations 1996.

At issue is whether the offence of selling food with an expired use-by date requires proof that the food was at the time of the offence highly perishable and likely to constitute an immediate danger to human health; and whether a use-by date ceases to have effect once the food has been frozen.

The case is set to be keenly watched by regulatory authorities and the food processing and retail industry.

The respondent company was charged with offences of selling food after the date shown in a use-by date relating to it, contrary to Regulation 44(1)(d) of the 1996 Regulations.

The food in question was frozen meat, to which use-by dates had been given before freezing. There was no evidence available as to when the products had been frozen.

The magistrates dismissed the charges on the ground that Torfaen CBC had not proved that a use-by date was required. The appeal by case stated was allowed and the case remitted for rehearing.

The case in the High Court was heard by Lord Justice Aikens and Mr Justice Maddison. More details on the issues can be read here.

A panel of five justices will hear the case at the Supreme Court for one day on 9 July. They are Lady Hale and Lords Kerr, Wilson, Reed and Carnwath.