Bogus claims on food supplements lands trader in Court

Friday 24 January

Predator Nutrition Limited of Silkwood Office Park, Fryers Way, Wakefield, WF5 9JT appeared before Leeds Magistrates Court on 22nd January 2020.  The Company pleaded guilty to breaching an Improvement Notice under the Food Safety Act 1990, regarding their failure to stop making misleading claims about their food supplements.  The Director of the Company, Rajinder Singh Johal was present and the Company was ordered to pay a fine of £4,000, costs of £5,140.10 and victim surcharge of £170.

 

An Improvement Notice was issued to the Company in March 2018 as it repeatedly failed to amend the labels on food supplements to comply with Nutrition and Health Claims (England) Regulations 2007 and also had non-permitted health claims such as:

 

‘Improved cognitive performance’

‘Supports relaxation’

‘Supports a more relaxed and deeper sleep’

‘Focus and concentration enhancement’

 

The Company were given three months to comply with the Notice.

 

An online test purchase was conducted in August 2018 to verify if the Company had complied with the Improvement Notice. Five out of the eleven non-conforming products which were detailed in the Notice were still available for sale. Subsequently the non-confirming products were purchased from the website and submitted to the Public Analyst. The Public Analyst provided adverse reports for all five samples, and concluded the claims were neither justified nor permitted.   During an interview Mr Johal stated in mitigation the Company required more time to amend the labels.

 

David Lodge, Head of Service Delivery said “This Company failed to act upon the advice and guidance that was provided during several visits and correspondence. They had ample opportunities to resolve the matters and work with Trading Standards however, they failed to do so. This Company were misleading consumers by using non-permitted claims on the products and not meeting the legislative requirements for the labels”.

 

Councillor Pauleen Grahame, Chair of the West Yorkshire Joint Services Governance and Audit Sub-Committee which oversees the work of Trading Standards said “Businesses must take steps to ensure the products they supply comply with all the relevant legislation. If they are unsure they can seek advice from Trading Standards. Failure to take corrective action once advice has been provided runs the risk of the business being subject of legal action”.

 

Consumers with any concerns about the accuracy of food labels or supplements claims should report the issue to Trading Standards via the Citizens Advice Helpline on 0345 404 0506.