Confiscation Orders for counterfeit sauce supplier

On 24th July 2023 at Leeds Crown Court, Irfan Hanif Patel, aged 41, of Ravensthorpe Road, Dewsbury received a 12-month community order to fulfil 120 hours of unpaid work having pleaded guilty to offences under the Trade Marks Act 1994 and a number of food hygiene offences, including failing to register a food business. His brother, Mohammed Patel, aged 31, of Thornhill Street, Dewsbury received a 12-month community order to fulfil 100 hours of unpaid work having pleaded guilty to the same offences.

Proceedings under the Proceeds of Crime Act 2002 have now also been concluded for these offences jointly prosecuted by West Yorkshire Trading Standards and Kirklees Council.

On 13^th February 2025, a confiscation order was granted against Mohammed Patel in the sum of £1,607.00. His benefit from criminal conduct was declared as £1,607.00, he was given 3 months to pay and a 14 day default prison sentence should payment not be made. Costs of £30,000 were also awarded. 

On 27th May 2025, Irfan Patel was due to attend Leeds Crown Court for a contested confiscation hearing. He failed to turn up claiming he was ill. The proceedings finally went ahead in his absence after he was given a warning to attend in the afternoon. The confiscation order was granted against Irfan Patel in the sum of £18,903.00. His benefit from criminal conduct was declared as £681,510.47, he was given 3 months to pay and a 10-month default prison sentence should payment not be made. Costs of £1,000 were also awarded. 

The case began back in December 2020 when West Yorkshire Trading Standards and Kirklees Council Environmental Health Team received intelligence about the supply of counterfeit Abel and Cole cranberry sauce being supplied throughout the country. The ensuing investigation involved the National Food Crime Unit, and other local authorities. 

The counterfeit cranberry sauce was purchased by Irfan Patel who was acting as a sole trader and was supplied to his brother Mohammed Patel, the director of Stock Up Direct Limited. Stock Up Direct Limited supplied over 1,000 jars to a wholesaler who then supplied to various food businesses around the country including two food businesses in the Kirklees area. Neither brother had registered food businesses with Kirklees Council; therefore, were trading illegally and had never been inspected to ensure they met required food hygiene standards. 

Officers from West Yorkshire Trading Standards and Kirklees Council Food Safety Team seized the counterfeit sauce from the two businesses then visited Irfan’s business premises located in Bretton Park Way, Dewsbury. Irfan said the stock was bought from another trader, who visited the premises and produced an invoice for a business which was untraceable. 

A visit was also conducted at Stock Up Direct Limited where Mohammed Patel was present. In a subsequent formal interview Mohammed revealed he had never seen any stock that went though the company and that the company was created as a side business for his brother whilst he participated in running other companies.

The inspection of the Bretton Park Way premises revealed a warehouse with enormous quantities of food items. Irfan Patel was unable to provide any documentation to demonstrate the legal provenance of the foods and all food items were detained, pending further investigation. Having failed to demonstrate the food items were from lawful sources, Council Food Safety officers seized the food and applied to Kirklees Magistrates’ Court for a Food Condemnation Order, which was granted February 2021.

The food was condemned due to concerns of the sourcing of foods from unregistered businesses, where no regulatory checks had taken place to ensure safe storage, handling or distribution. Furthermore, the origin was unknown so potentially could be linked to illegal food activities such as bringing food destined for waste back into the food chain. Consequently, all seized food items were destroyed. 

A sample of the suspected counterfeit sauce was submitted to the Public Analyst, who concluded that the sauce was not genuine Abel and Cole cranberry sauce. The trademark representative for Abel and Cole confirmed the cranberry sauce bore a label which was a copy of the Abel and Cole registered trademark. 

In a joint statement, Linda Davis, Head of West Yorkshire Trading Standards (Protecting Communities) and Councillor Amanda Pinnock, Cabinet Member for Communities and Environment at Kirklees Council said: “Businesses need to ensure they are registered with the local authority 28 days before beginning to operate. They must have a traceability system in place and to only purchase stock they believe is legitimate by conducting checks.  Supplying food that is counterfeit can post serious risks to the community as it is often made in an uncontrolled environment with uncontrolled processes and ingredients.

“Trading Standards and Kirklees Council will continue to take action against any businesses flouting the law, including instigating processing under the Proceeds of Crime Act 2002.  We encourage all businesses to check the legal requirements relating to food businesses, information which is easily accessible through the Food Standards Agency website: www.food.gov.uk.”