Lewin v Purity Soft Drinks Ltd.

Lewin v Purity Soft Drinks Ltd.

The justices were entitled to read the label as a whole, including the ingredients list, and to consider consumer expectations; the trade descriptions were not false or misleading under the Trade Descriptions Act 1968.

Parties
Claimant: Bryan Roy Lewin; Defendant: Purity Soft Drinks Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed; respondent lawfully acquitted.
Legal Topics
Trade Descriptions, False and Misleading Labelling, Food Labelling, Statutory Interpretation
Consumer Protection Criminal Law Trade Descriptions False and Misleading Labelling Food Labelling Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Bryan Roy Lewin

Claimant

Purity Soft Drinks Limited

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the trade descriptions applied to juice drinks were false or misleading under the Trade Descriptions Act 1968
  2. 2 Whether the ingredients list on the label negates any falsity or misleading nature of the trade description
  3. 3 Whether the doctrine of disclaimer applies to mandatory labelling

Ratio Decidendi

The justices were entitled to read the label as a whole, including the ingredients list, and to consider consumer expectations; the trade descriptions were not false or misleading under the Trade Descriptions Act 1968.

Court Disposition

Appeal dismissed; respondent lawfully acquitted.

Orders

  • Respondent awarded costs out of central funds for the appeal proceedings.
  • No order for costs in respect of the judicial review proceedings.