Judgment reserved in dispute over when honey is “raw honey”

Judgment has been reserved in an appeal over a London borough’s service of an improvement notice under the Food Information Regulations 2014, it has been reported.

Barristers’ chambers 6 Pump Court said the notice was served by the London Borough of Waltham Forest on an importer and wholesaler of honey who brought the appeal. Stuart Jessop, a barrister at the set, appeared for the council before the First Tier Tribunal (General Regulatory Chamber).

The importer had labelled, marketed and sold honey as ‘Raw’. Waltham Forest argued that this was contrary to Article 7(1)(c ) of the relevant EU regulation, the Food Information to Consumers regulation.

“This Article prohibits the use of a word if it suggests that the product possesses special characteristics when in fact all such products possess them,” 6 Pump Court said.

Waltham Forest argued before the FTT that the characteristics of honey are specified in the Honey Regulations 2015 and that, alternatively, the word ‘raw’ was misleading when applied to honey.

The appellant company argued that the product was different to most others on the market and was of a superior quality, not being tested to more than 40 degrees, and could properly be described as raw.